Provisions Under the Families First Coronavirus Response Act (FFCRA) Missouri Rural Water Association Liz Grove, MRWA Management Circuit Rider April 6, 2020
BASIC PROVISIONS The new requirements are in effect beginning April 1, 2020 through December 31, 2020. Requires employers that employ less than 500 employees (including governmental employees) to provide expanded paid leave for individuals impacted by COVID ‐ 19. The law does not apply to most federal employees. Leave taken before April 1, 2020 is not eligible for benefits. Two types of benefits: Emergency Paid Sick Leave (EPSL) and Emergency Family and Medical Leave Expansion Act (EFMLEA).
Qualifying Reasons for EPSL All employees qualify from the first day of employment. No prior service or employment period is required for the employee to be eligible for benefits. Employee qualifies for EPSL if they are unable to work or unable to telework (from home) for the following reasons: 1. Is subject to a Federal, State, or Local quarantine/isolation order related to COVID ‐ 19. NOTE: A “stay at home” or “shelter in place” order will probably not qualify! 2. Has been advised by a health care provider to self ‐ quarantine related to COVID ‐ 19.
Qualifying Reasons for EPSL 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) above. 5. Is caring for a child whose school or place of care is closed (or childcare provider is unavailable) for reasons related to COVID ‐ 19. 6. Is experiencing any other substantially similar condition specified by the Secretary of HHS, in consultation with the Sec. of Labor and Treasury.
Duration and Pay for Qualified EPSL Full Time employees are eligible for up to 80 hours of paid leave over a two ‐ week period. Part time employees are eligible for the average hours they work over a 2 ‐ week period.
Duration and Pay for Qualified EPSL For leave reasons 1,2, or 3: Employees shall be paid their regular rate of pay or the applicable minimum wage, whichever is higher, up to $511 per day and $5,110 total over the two ‐ week period. For leave reasons 4 or 6: Employees shall be paid 2/3 their regular rate of pay or 2/3 the applicable minimum wage, whichever is higher, up to $200 per day or $2,000 total over the two ‐ week period. For leave reason 5: Employees shall be paid 2/3 their regular rate of pay or 2/3 the applicable minimum wage, whichever is higher, up to $200 per day or $2,000 total over the two ‐ week period.
Duration and Pay for Qualified EPSL Employee must give “reasonable” notice to employer that they want to take leave Paid leave begins immediately Cannot require employee to take available paid time off (vacation, sick leave, PTO, etc.) prior to receiving EPSL. EPSL must be taken in one day increments. Leave can be taken intermittently for teleworkers only as long as employer and employee agree.
Qualifying Reasons for EFMLEA To Qualify for EMFLEA: 1. The employee must be employed at least 30 days prior to taking leave under these provisions. 2. The employee is caring for an individual subject to an order of quarantine/isolation or is subject to self quarantine upon advice of a health professional. 3. The employee is caring for a child whose school or place of care is closed (or childcare provider is unavailable) for reasons related to COVID ‐ 19.
Duration and Pay for Qualified EMFLEA Paid leave under this portion begins after the first 10 days the employee is on leave (however, they can also use paid leave for the first two weeks under EPSL provisions). Employee is entitled to 10 weeks of paid leave (after the first 10 days). Employees shall be paid 2/3 their regular rate of pay or 2/3 the applicable minimum wage, whichever is higher, up to $200 per day or $10,000 total over the ten ‐ week period. (A total of $12,000 over the 12 ‐ week period if combined with EPSL). EFMLEA can be taken intermittently as long as the employer and employee agree.
Other Items of Note For employers with less than 50 employees: May be some exemption if you can prove that complying would force you to close your business – not likely with a governmental agency. Employers of Health Care Providers and Emergency Responders: These employees may be excluded from being eligible for benefits under this act. Paid leave under this act does not carry over from year to year – it expires on 12/31/2020. Employees are not entitled to reimbursement for unpaid leave upon termination, resignation, retirement or other separation from employment.
Other Items of Note Employers may be eligible for tax credits for the cost of these provisions under the act. It is not clear if governmental agencies will qualify for these tax credits. We will keep you informed! Employees do not qualify for benefits if the employer lays them off or shuts the business – permanently or temporarily. Employees may qualify for unemployment benefits under these scenarios. Employers must post a new workplace poster explaining the benefits under this act! This poster can be found at https://www.dol.gov/sites/dolgov/files/WHD/posters/FFCRA_Poster_WH1 422_Non ‐ Federal.pdf
Questions?? Liz Grove, MRWA Management Circuit Rider 901 Richardson Drive Ashland, MO 65010 egrove@moruralwater.org 573 ‐ 231 ‐ 6797
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