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Understanding Families First Coronavirus Response Act (“FFCRA”)

 

In order to help you understand how FFCRA impacts you, we have provided you with a summary of the legal implications of FFCRA as well as compiled resources for you to help you plan ahead in these uncertain times. These resources have been shared by our Board Members and members of the Wright Community, and we will continue to update with additional material as things continue to evolve. However, we are in no way providing legal, Human Resources, or financial advice. Before taking action in regards to any of the information provided, please consult appropriate outside resources for advice.

 

FFCRA – US Department of Labor on Paid Leave

A few initial points:

These are described below.

 

The Different Acts:

 

 Dates:

 

Tax Credits:

 

Covered Employers:

 

Small Business Exemption:

 

Eligible Employees:

“You are considered to have been employed by your employer for at least 30 calendar days if your employer had you on its payroll for the 30 calendar days immediately prior to the day your leave would begin. For example, if you want to take leave on April 1, 2020, you would need to have been on your employer’s payroll as of March 2, 2020. If you have been working for a company as a temporary employee, and the company subsequently hires you on a full-time basis, you may count any days you previously worked as a temporary employee toward this 30-day eligibility period. “

From Q&A, Question 14.

  1. Employers of Health Care Providers or Emergency Responders may elect to exclude such employees from eligibility for the leave provided under the Act.
  2. There may be different rules for federal employees as well.

 

Qualifying Reasons for Leave:

    1. is subject to a Federal, State, or local quarantine or isolation order related to COVID-19;
    2. has been advised by a health care provider to self-quarantine related to COVID-19;
    3. is experiencing COVID-19 symptoms and is seeking a medical diagnosis;
    4. is caring for an individual subject to an order described in (1) or self-quarantine as described in (2);
    5. is caring for a child whose school or place of care is closed (or child care provider is unavailable) for reasons related to COVID-19; or
    6. is experiencing any other substantially-similar condition specified by the Secretary of Health and Human Services, in consultation with the Secretaries of Labor and Treasury.

 

Duration of Leave:

 

Calculation of Pay:

 

Counting Hours:

 

Paid Leave Prior to the April 1 Effective Date of the FFCRA and other Timing Issues:

 

The Interplay Between the Emergency Paid Sick Leave Act and the Family Medical Leave Expansion Act:

 

Prohibition Against Retaliation:

 

Penalties and Enforcement:

 

Workplace Poster Requirement:

 

For Additional Information: