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President signs FFCRA, enacting paid sick leave and expanding FMLA

April 2020 employment law letter
Authors: 
Kristin Simpsen, McAfee & Taft

The number of confirmed cases of COVID-19 continues to rise in the United States. On March 18, 2020, President Donald Trump signed the Families First Coronavirus Response Act (FFCRA) into law in an effort to reduce the impact of the novel coronavirus on individuals and businesses alike. Employers have until April 2, 2020, to comply with the Act.

The FFCRA is an emergency spending bill that provides paid leave for employees affected by COVID-19, amends the Family and Medical Leave Act (FMLA) to provide coverage for employees' absences to care for a child whose school or day care has closed, allocates additional funding for emergency unemployment benefits, and requires free coronavirus screening tests. The Act applies to all public-sector employers regardless of their size as well as private-sector employers with fewer than 500 employees.

Paid FFCRA leave

The paid leave required by the FFCRA is separate from, and in addition to, any sick leave employees are already entitled to. The Act requires that covered employers provide all employees who are affected by COVID-19 up to 80 hours of paid sick time. Paid sick leave is available under the following circumstances:

(1)  The employee is subject to a federal, state, or local quarantine or isolation order related to COVID-19.

(2)  The employee has been advised by a healthcare provider to self-quarantine because of concerns about COVID-19.

(3)  The employee is experiencing symptoms of COVID-19 and is seeking a medical diagnosis.

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