- Leave is available for immediate use, regardless of how long the individual employee has been working for the employer.
- Full-time employees are entitled to 80 hours of paid sick time (the equivalent of 10 eight-hour days).
- Part-time employees are entitled to the number of hours they ordinarily work on average over a 2-week period; for part-time employees with a variable schedule, leave is calculated based on the number of hours the employee was scheduled per day over the previous 6-month period.
Leave may be used only if the employee is unable to work (or telework) because of any of the following:
- Employee is subject to a federal, state, or local quarantine or isolation order related to coronavirus;
- Employee has been advised by a health care provider to self-quarantine due to concerns related to coronavirus;
- Employee is experiencing coronavirus symptoms and seeking a medical diagnosis;
- Employee is caring for an individual who is subject to a federal, state, or local quarantine or isolation order related to coronavirus; or who has been advised by a health care provider to self-quarantine due to concerns related to coronavirus.
- Employee is caring for a son or daughter if a school or place of care has been closed due to coronavirus, or the childcare provider of the son or daughter is unavailable due to coronavirus; “Son or daughter,” as under the FMLA, includes a biological, foster, or adopted child, a stepchild, a child of a domestic partner, a legal ward, or the child of a person standing in loco parentis, under 18 years of age.
- The employee is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services in consultation with the Secretary of Labor and Secretary of the Treasury.
- For leave related to the employee’s own quarantine or illness (#1-3 above), compensation is their full rate of pay, up to a maximum of $511 per day and $5,110 total.
- For leave related to caring for another individual (#4-6 above), compensation is at 2/3 of the employee’s regular pay, with a cap of $200 per day and $2,000 total.
- Emergency paid sick time may be used prior to any existing paid leave. Employers are prohibited from requiring employees to use other paid leave first and may not modify their existing paid leave policies to avoid being subject to this requirement.
- Nothing in this law diminishes other rights or benefits under an existing employer policy, collective bargaining agreement, or other federal, state or local law.
EMERGENCY FAMILY AND MEDICAL LEAVE EXPANSION
- Employee must only have been employed for at least 30 days to access this leave (as opposed to the 12-month employment period for FMLA).
- The first 10 days may be unpaid.
During these 10 days, the employee may elect to substitute any accrued vacation, personal, or sick leave (including emergency paid sick leave). The employer may allow, but not require, such substitution of paid leave consistent with the terms of the collective bargaining agreement.
- Leave may be taken for up to 12 weeks, 10 weeks of which are paid (see note above on first 10 days). After the first 10 days, leave is paid at an amount not less than 2/3 of the employee’s regular rate of pay, based on the number of hours the employee would otherwise normally be scheduled to work, capped at $200 per day and $10,000 in the aggregate. (For part-time workers, pay is equal to the average number of hours per day the employee was scheduled to work over the previous 6-month period.)
- If the need for leave is foreseeable, the employee must provide the employer with notice of leave, as is practicable.
- Job protection/restoration: As with the FMLA, job restoration is required. Employees who take public health emergency leave are entitled upon return from leave to be restored to their job position or to an equivalent position with equivalent employment benefits, pay, and other terms/conditions of employment. Exception: An employer with fewer than 25 employees does not have to restore an employee who took public health emergency leave if the position held by the employee no longer exists due to economic conditions or other changes in operating conditions caused by the public health emergency. The employer must, however, make a reasonable effort to restore the employee to an equivalent position with equivalent benefits, pay, and employment terms and conditions; if these efforts fail, the employer must make reasonable efforts for a 1-year period to contact the individual if an equivalent position becomes available.