Breaking News – Federal Government Passes Emergency Legislation Regarding Employees and COVID-19
The federal government has passed two laws providing important protections to employees during the COVID-19 outbreaks: the Emergency Family and Medical Leave Expansion Act and the Emergency Paid Sick Leave Act. These laws are effective through December 31, 2020. These new laws go into effect April 2 and will remain so through the end of the year. They only apply to employers with fewer than 500 employees. Employers with fewer than 50 employees may qualify for a hardship exemption.
This leave is paid. Employers have to front those costs. The Act provides for them to recover those costs via tax credits.
In this article, we are only addressing rights afforded to employees by these two new federal laws. Please keep in mind that you may be entitled to leave under the the Family and Medical Leave Act, the Massachusetts Earned Sick Time Law, the Americans with Disabilities Act, and Massachusetts anti-discrimination laws. You can read more about those here.
Am I Entitled to Paid Leave Because My Son’s or Daughter’s School is Closed Due to Coronavirus/COVID-19 and I have to Stay Home from Work?
Yes, you may be entitled to up 12 weeks of leave if you can’t go to work because your son’s or daughter’s school is closed due to coronavirus/COVID-19, but only if:
You have worked for your employer for at least 30 days;
You can’t work, even remotely;
You can’t work because you have to care for your son or daughter because their school is closed or because their child care provider is unavailable due to coronavirus.
The first 10 days of this leave are unpaid, but you can use accrued leave time during this period. The remaining 10 weeks are paid at a rate equal to 2/3’s of the employees’ wages, with those payments capped at $200/day and $10,000 in total.
Keep in mind, that you may also be entitled to paid or unpaid leave for reasons related to the coronavirus/COVID-19 under the Massachusetts Earned Sick Time Law. Also, you may be entitled to unpaid leave for reasons related to the coronavirus/COVID-19 under the Family and Medical Leave Act, Massachusetts law, and/or the Americans with Disabilities Act.
Am I Entitled to Paid Leave Because I have Flu Symptoms or Because I May Have Been Exposed to the Coronavirus?
Yes, you may be entitled to up to 80 hours of paid sick leave if you can’t go to work for one of the following reasons and you cannot work remotely:
You need leave for one or more of the following reasons: (i) required to quarantine by governmental officials, (ii) advised to quarantine by health care provider, (iii) experiencing symptoms and seeking medical diagnosis, (iv) caring for an individual subject to quarantine order, (v) caring for son or daughter because school or place of care is closed, (vi) experiencing a situation substantially similar to those identified by the Secretary of Health and Human Services.
Leaves for reasons (i)-(iii) require pay at full regular rate with a cap of $511/day and $5110 in the aggregate. Leaves for reasons (iv) – (vi) require pay at 2/3’s the regular rate of pay with a cap of $200/day and $2,000 in the aggregate. This new act only applies to companies with fewer than 500 employees.
Keep in mind, that you may also be entitled to paid or unpaid leave for reasons related to the coronavirus/COVID-19 under the Massachusetts Earned Sick Time Law. Also, you may be entitled to unpaid leave for reasons related to the coronavirus/COVID-19 under the Family and Medical Leave Act, Massachusetts anti-discrimination laws, and/or the Americans with Disabilities Act.
Can I Be Fired Because I Can’t Go To Work Due to Coronavirus/COVID-19?
No, not if you qualify for one of the leaves discussed above. Federal law requires employers to provide employees with leave if they can’t attend work because their son’s or daughter’s school is closed and to provide employees with leave if they can’t attend work because they have been exposed to coronavirus/COVID-19 or because they have symptoms associated with the virus.
Keep in mind, if you are terminated for taking leave related to the coronavirus/COVID-19, your employer may have also violated the Family and Medical Leave Act, the Massachusetts Earned Sick Time Law, Massachusetts anti-discrimination laws, and/or the Americans with Disabilities Act.
Can My Employer Make Me Go to Work During the Coronavirus/COVID-19 Outbreak?
Maybe, but not if you can’t attend work because your son’s or daughter’s school is closed or because you can’t attend work because you have been exposed to coronavirus/COVID-19 or because you have symptoms associated with the virus. It may be the case, also, that your employer can’t force you to go to work during the coronavirus/COVID-19 outbreak if your medical condition makes you susceptible to this type of virus. Your employer may be violating these new laws, the Americans with Disabilities Act, the Massachusetts Earned Sick Time Law, or Massachusetts anti-discrimination laws if they are forcing you to go to work at this time.
Am I Entitled to My Job Back if I have to Miss Work Due to Coronavirus/COVID-19 Outbreak?
Yes, if you worked for your employer for at least 30 days, you can’t work remotely, and you took leave to care for your son or daughter because their school is closed or because their child care provider is unavailable, due to coronavirus. You may also be entitled to your job back if you are taking leave for a reason that qualifies for protection under another statute, such as the Americans with Disabilities Act, the Family and Medical Leave Act, and/or the Massachusetts Earned Sick Time Law.
Note: We will be updating this post as soon as new information is available.
On March 24, 2020 the US Department of Labor published related guidance for employees, employers, and a Q&A.
On December 31, 2020 these laws expired. You may be entitled to protections from other medical and sick leave laws. Learn more here.