Labor and Employment
NOTABLE DIFFERENCES BETWEEN THE EMERGENCY PAID SICK LEAVE ACT AND THE FMLA EXPANSION ACT
March 31, 2020
NOTABLE DIFFERENCES BETWEEN THE EMERGENCY PAID SICK LEAVE ACT AND THE FMLA EXPANSION ACT
| Emergency Paid Sick Leave Act | FMLA Expansion Act | |
| Qualified Employees | From start of employment | At 30 days of employment |
| Reasons for Leave | 1) Employee subject to quarantine order;
2) Employee advised by health care provider to self-quarantine; 3) Employee has symptoms of COVID-19 & seeking diagnosis; 4) Employee caring for individual who is subject to 1 or 2, above; 5) Employee is caring for children for school / child care closure or unavailability; 6) Employee is experiencing any other substantially similar cond. |
Leave if unable to work or work remotely because of need to care for children for school / child care closure or unavailability of child care provider because of COVID-19. |
| Period of Time for Paid Leave | 80 hours maximum total | 12 Weeks Total Leave
· First 2 weeks unpaid · Next 10 weeks paid |
| Amount of Pay | Depends on Reasons:
Reasons 1-3 – Full Pay up to $511 per day Reasons 4-6 – 2/3 Pay up to $200 per day |
2/3 Pay up to $200 per day. |
| Exemptions | 1) Health care provider and emergency responders.
2) Small business exemption – fewer than 50 employees and jeopardizes viability – limited to reason 5. |
1) Healthcare providers and emergency responders.
2) Small business exemption – fewer than 50 employees and jeopardizes viability. 3) Restoration exemption – fewer than 25 employees and position held no longer exists. |
This summary has been prepared as an abbreviated reference guide and is not intended to constitute legal advice and is subject to change after preparation date of March 31, 2020.
If you have questions about this, please contact Chris M. Mason or any other attorney in our Labor and Employment practice.
ABOUT THE AUTHOR
Chris M. Mason | Read Bio
About Jennings, Strouss & Salmon, P.L.C.
For over 75 years, Jennings Strouss has been dedicated to providing clients with strategic legal guidance to help them seize every opportunity. The firm is well-known for its rich heritage, commitment to community, and long-lasting relationships. We have a deep understanding of business and law. When you work with us, you’ll have a team of legal experts who are dedicated to your vision of success.
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