If my employer closes my worksite on or after April 1, 2020 (the effective date of the FFCRA), but before I go out on leave, can I still get paid sick leave and/or expanded family and medical leave? In most instances, you are entitled to be restored to the same or an equivalent position upon return from paid sick leave or expanded family and medical leave. A place of care is a physical location in which care is provided for your child. In general, you are entitled to expanded family and medical leave if you are an employee of a non-federal public agency. What is my regular rate of pay for purposes of the FFCRA? This is because each day of closure or unavailability is a separate reason for leave, and thus you would not need to take leave for a single reason intermittently. .cd-main-content p, blockquote {margin-bottom:1em;} Typically, a corporation (including its separate establishments or divisions) is considered to be a single employer and its employees must each be counted towards the 500-employee threshold. (Updated January 28, 2021) The FFCRA provides businesses with tax credits to cover certain costs of providing employees with paid sick leave and expanded family and medical leave for reasons related to COVID-19, for periods of leave from April 1, 2020, through March 31, 2021. Paid sick leave under the EPSLA is in addition to your employees (including Federal Employees) other leave entitlements. If you believe that your public sector employer is covered and is improperly refusing you paid sick leave under the Emergency Paid Sick Leave Act or expanded family and medical leave under the Emergency Family and Medical Leave Expansion Act, the Department encourages you to raise your concerns with your employer in an attempt to resolve them. No. You may not use his request for leave (or your assumption that he would make such a request) as a negative factor in an employment decision, such as a decision as to which employees to recall from furlough. Both of these new provisions use the employee definition as provided by the Fair Labor Standards Act, thus all of your U.S. (including Territorial) employees who meet this definition are eligible including full-time and part-time employees, and joint employees working on your site temporarily and/or through a temp agency. August 3, 2020. For purposes of the FFCRA, a Federal, State, or local quarantine or isolation order includes quarantine or isolation orders, as well as shelter-in-place or stay-at-home orders, issued by any Federal, State, or local government authority that cause you to be unable to work (or to telework) even though your employer has work that you could perform but for the order. You may also take paid sick leave to care for someone if your relationship creates an expectation that you would care for the person in a quarantine or self-quarantine situation, and that individual depends on you for care during the quarantine or self-quarantine. My employees have been teleworking productively since mid-March without any issues. For additional information regarding coverage of public employers, see Questions 52-54 below. This is true even if some or all instruction is being provided online or whether, through another format such as distance learning, your child is still expected or required to complete assignments. The Consolidated Appropriations Act, 2021, extended employer tax credits for paid sick leave and expanded family and medical leave voluntarily provided to employees until March 31, 2021. Expanded family and medical leave means paid leave under the Emergency Family and Medical Leave Expansion Act. Only certain provisions of those regulations were at issue in the lawsuit New York v. Scalia, Civ. Such an individual includes an immediate family member or someone who regularly resides in your home. Section 2202(a) of the FFCRA permits the Secretary of Agriculture to establish a waiver, due to the COVID-19 pandemic, for all states for purposes of . To determine whether the second employer exercises such control, the Department of Labor would consider whether it exercises the power to hire or fire you, supervises and controls your schedule or conditions of employment, determines your rate and method of pay, and maintains your employment records. If you take some, but not all 12, workweeks of your expanded family and medical leave by December 31, 2020, you may take the remaining portion of FMLA leave for a serious medical condition, as long as the total time taken does not exceed 12 workweeks in the 12-month period. It depends on the relationship you have with the domestic service workers you hire. Finally, employees who do not provide direct heath care services to a patient but are otherwise integrated into and necessary to the provision those servicesfor example, a laboratory technician who processes medical test results to aid in the diagnosis and treatment of a health conditionare health care providers. This does not prohibit you from disciplining an employee who unlawfully takes paid sick leave or expanded family and medical leave based on misrepresentations, including, for example, to care for the employees children when the employee, in fact, has no children and is not taking care of a child. Generally no. 20-3020-JPO (S.D.N.Y.). If two entities are found to be joint employers, all of their common employees must be counted in determining whether paid sick leave must be provided under the Emergency Paid Sick Leave Act and expanded family and medical leave must be provided under the Emergency Family and Medical Leave Expansion Act. The second employee, in contrast, worked 550 hours over 100 workdays, and took a total of 100 hours of personal and medical leave. The FFCRA and the Departments regulations state that an employer who does not compensate you for taking paid sick leave is considered to have failed to pay the minimum wage and shall be subject to the enforcement provisions of the Fair Labor Standards Act. Since this is greater than the statutory maximum of 80 hours, the first employee, who works full-time, is therefore entitled to 80 hours of paid sick leave. My business was closed due to my states COVID-19 quarantine order. September 16, 2020. If your employer closes while you are on paid sick leave or expanded family and medical leave, your employer must pay for any paid sick leave or expanded family and medical leave you used before the employer closed. Note that you may not take paid sick leave under the FFCRA if you become ill with an illness not related to COVID-19. If you are a Federal employee, the Department encourages you to seek guidance from your respective employers as to your eligibility to take paid sick leave. My employer said I could go back to work next week. When am I eligible for paid sick leave to care for someone who is subject to a quarantine or isolation order? [CDATA[/* >