Families First Coronavirus Response Act

As you may be aware, President Trump signed a bill into law on Wednesday called H.R.6201 - Families First Coronavirus Response Act.  The purpose of the Act is to make emergency supplemental appropriations to support the COVID-19 pandemic.  The Act is quite lengthy and as it stands would provide:

• Free Coronavirus testing
• Paid emergency leave
• Paid time off
• Enhanced unemployment insurance
• Additional funding to address food insecurity
• Protections for health care workers and employees responsible for cleaning at-risk locations
• Increased federal funding for Medicaid

Below are some highlights of the Act:

FMLA
The amendment inserts SEC 110. Public Health Emergency Leave which applies to employers of 50 or more employees and addresses eligible employees who have been employed for at least 30 calendar days. It requires employers to comply with a recommendation or order by a public official having jurisdiction or a health care provider that the employee’s presence on the job would jeopardize the health of others because of

• Exposure to or exhibition of symptoms of the coronavirus, and;
  • the employee is unable to both perform the functions of their position and comply with the recommendation or order
• To care for a family member who has had exposure to or exhibition symptoms of the coronavirus and their presence in the community would jeopardize the health of other individuals
• To care for a child if the school or daycare that has closed due the coronavirus

Paid Leave
In general, the first 14 days of leave may consist of unpaid leave, however, the employee may at their own preference substitute accrued time off during this period. The employer cannot mandate that accrued time off be used.
Paid leave may not be less than 2/3 of the employee’s regular rate and based on the number of hours the employee would normally work.

Emergency Paid Sick Leave Act
Employers are to provide paid sick time for any of the following:

• Self-isolation due to a coronavirus diagnosis
• To obtain a medical diagnosis or care in the event of coronavirus symptoms
• To comply with a recommendation of a public official with jurisdiction or a health care provider that the employee’s presence on the job would jeopardize the health of others because of exposure to or exhibition of symptoms of the coronavirus; or to care for a family member who has had exposure to or exhibition of the coronavirus and their presence in the community would jeopardize the health of other individuals
• To care for a family member who has had exposure to or exhibition of the coronavirus and their presence in the community would jeopardize the health of other individuals
• To care for a child if the school or daycare that has closed due the coronavirus

Paid Sick Time
The number of hours paid is 80 hours for full time employees; and the average hours worked for part time employees, over a two-week period.

• Paid sick time under this act does not carry over from one year to the next
• This available sick time is in addition to time off already provided by the employer
• Employers may not change their time off policy to avoid being subject to this new sick time law
• This paid sick time must be made available for immediate use regardless of how long the employee has been employed

Reasonable Notice
Employers must post a notice in a conspicuous place on their premises. The notice will be made publicly available by the Secretary of Labor within 7 days of the enactment of the Act.  We have a notice service we are happy to discuss to ensure compliance with not only coronavirus, but with other mandated notices that must be provided to your employees.
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In Closing
There is a lot to absorb.  The information we have provided is our interpretation and is not intended as legal advice. Additionally, because this is mandated (as opposed to voluntary), we encourage you to become familiar with the Act and utilize legal counsel as appropriate.  A summary of the H.R 6201 - Families First Coronavirus Response Act, is here.
The Act includes a coronavirus relief package, therefore, we recommend creation of pay codes and pay policies in both the payroll and timekeeping system so hours paid and limits may be tracked.  As your partner, we are here to support you in the effort.