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Families First Coronavirus Response Act, FFCRA

Emergency Family and Medical Leave Expansion Act -

E-FMLA

            The FFCRA contains two smaller Acts that provide for paid sick time and unpaid and paid FMLA leave. Both are effective Wednesday, April 1, 2020. The emergency paid sick time is typically used/provided before the expanded E-FMLA emergency leave.

           However, paid leave can occur simultaneously for the first two weeks of unpaid E-FMLA. The E-FMLA extends FMLA leave to more employees, small employers, adds two COVID-19 related reasons for child care, and provides for limited reduced pay at 2/3rds the employee’s rate. It does not increase the 12-week maximum FMLA leave entitlement. The Act is not retroactive, and with all leave, employment issues, furloughs, layoffs and related decisions prior to that date should be made based on current laws, conditions and current employer policies that exist before April 1, 2020.

                    E-FMLA Expanded Family & Medical Leave

            E-FMLA Leave: Employers must provide E-FMLA leave immediately to any employee who has a “qualifying need related to a public health emergency” because the employee is “unable to work (or telework) due to a need for leave”:

(1)        to care for a son or daughter under 18 years of age “of such employee” if the school or “place of care” has been closed.

(2)        to care for a son or daughter under 18 years of age “of such employee” if the “child care provider of such son or daughter “is unavailable, due to a public health emergency.”

     Our handout and guide has been updated with the latest guidance as of August 2, 2020. Please delete any previous versions and replace with this copy.