The Emergency Family and Medical Leave Expansion Act
+ Effective Date and Expiration: This program wil become effective on April 2, 2020
and remain in e*ect untl December 31, 2020.
+ Expanded Coverage and Eligibility: The Act sgrificartly amends and expences the
MLA temporary. The current employee threshold for FMLA coverage would change
‘rom only covering employers with 50 or more employees to instead covering those
employers with fewer than 500 employees. It also lowers the eligkilty requiremerc in
that any employee who worked for the employer for at least 30 days before the
designated leave may be eligible to receive oaid family and med cal lea
+ Exemptions: The Act includes language thet excludes heelthca”e providers end
emergengy responders ‘rom the definiton of empioyees who may take this new leave
and to exempt small businesses with fewer than 50 employees if the required leave
would jeopardize the viebiliy of their business
+ Reasons for Emergency Leave: An individual employed by the employer for at leas
30 days (before the frst day of leave) may take up to 12 weeks of job protected leave
10 allow an employee, wnois unable to work or telework, to care for the employees
child (under 78 years of age) f the child's school ar place of care is closed or the
childcare provider is unavailable due to a public health emergency. This is now the
only qualifying need for Emergency FMLA
+ Paid Leave: The fist ten days of Emergency FMLA may be unpaid. During ths period
an employee may elect to substtute any accrued paid leave (like vacation or sick leave
10 cover some or all ofthe ten-day unpaid period. After the ten days, the employer
generally must pay full-time employees at swo-thirds the employee's regular rate for
he number of hours the employee would otherwise be normally scheduled to work.
The Act limits this pay entitlement zo $200 per day ard $10,000 in the aggregate per
employee,
+ Calculating Pay for
regula
leduie are entitled ro pay based on she average numer ofhours the
‘employee worked for she six montns betore takng Emergency FMLA, Employees tno
have worked for less than sx months prior to leave are enttled to pay based on the
‘amployae’s reasonable expectation atthe time of hiring of the av
senumberof
hours the employee would usually be scheduled to work
have the same obligation
traditional FMLA to return any employee mho has taken Emergency FMLA to
re same ar equivalert postion upon the return te work However, emoloyers with
‘ener than 25 employees are generally excluded “rom this requirement
‘employee's position no langer ext LA leave due t
leconamic donmtovmn or other sed by 2 puble heath emergency
uring the period of Emergency FMILA, This exclusions subject to the emaloyer
making reascnable attempts to return the emplayee to an equivalent postion end
-equires an emplayerto make efforts ro return the employee to work for up ro a year
“ollowing the employes let
as under
5s folowing the Emergency