Congress taking action as COVID-19 spreads

As employers see COVID-19 taking a toll on their businesses and their individual employees, they need to understand what leave time their employees are entitled to under current law, and they must prepare for new legislation on the way. Details of new federal legislation are still being hashed out, but here's a look at what you can expect.

Current law

The primary existing federal law employers need to consider is the Family and Medical Leave Act (FMLA). The Act applies only to workers (1) who have worked at least 1,250 hours during the year before the leave, (2) who have worked for at least 12 months for the employer, and (3) who work at sites with 50 or more employees within a 75-mile radius.

Under the FMLA, you must grant an eligible employee up to 12 weeks of unpaid leave for qualifying reasons, which include because the employee has a “serious health condition.”

In addition to complying with the FMLA, you need to follow your sick leave policies or any requirements in employment contracts or collective bargaining agreements.

Proposed law

In response to the COVID-19 outbreak, Congress is tackling legislation that would substantially expand the FMLA. The proposal would provide for paid leave in some cases when COVID-19 is involved.