The COVID-19 pandemic is causing enormous upheaval in the labor market. Law firms representing employers have formed task forces to deal with the many labor and employment issues that have arisen due to the coronavirus and the associated stay-at-home orders.

The Congress has recently passed the Families First Coronavirus Response Act (FFRCA) that requires certain employers to provide paid sick leave or expanded medical leave for specified reasons related to COVID-19. The Department of Labor administers and enforces the new law’s paid leave requirements, which will be effective through December 31, 2020.

Generally, the Act provides that employees of covered employers are eligible for:

Two weeks (up to 80 hours) of paid sick leave at the employee’s regular rate of pay where the employee is unable to work because the employee is quarantined pursuant to a Federal, State, or local government order, or on the advice of a health care provider.

Two weeks of paid sick leave at 2/3’s of the employee’s regular rate of pay if the individual is unable to work to care for an individual subject to quarantine, or to care for a child (under 18) whose school is closed or child care provider is closed or unavailable for reasons related to COVID-19.

Up to an additional 10 weeks of paid expanded family and medical leave at 2/3’s the employee’s regular rate of pay to care for a child related to reasons related to COVID-19. However, this additional 10 weeks is only available to employees who have been employed for at least 30 calendar days.

There is a cap on the pay at $511 per day.

Notably, the Act does not cover employers with more than 500 employees. It seems puzzling that large employers would be omitted, but they may have had more generous leave policies prior to the Act.

Additionally, employees with less than 50 employees can apply for an exemption from the Act if compliance would jeopardize the viability of the business as a going concern. The restaurant industry, which is filled with small employers who are suffering, is an example of an industry where waivers would likely be granted.

As a result of the way the Act is written, there is uncertainty over the Act’s application to you if your employer has 50 or fewer employees. The Act’s requirements are much clearer for employers with between 50 and 500 employees.

There are many more employee rights issues that arise from this COVID-19 outbreak, and the Long Beach lawyers at Buchsbaum & Haag, LLP can provides guidance and assistance with these issues throughout Southern California, Los Angeles County, Orange County and Riverside County.

Call 562-733-2498 for assistance.