FFCRA Summary of Temporary Final Regulations

Families First Coronavirus Response Act (FFCRA) Summary of Temporary Final Regulations

Emergency Paid Family and Medical Leave Act (EPFMLA)

  • Cannot Work or Telework
  • Up to 12 weeks of job-protected leave Care for child due to school closure, childcare unavailable due to coronavirus

Eligible Employees

  • All employees on payroll for 30 days or more

Amount of Pay

  • After first 10 days, receive no less than 2/3 employee regular rate of pay.
  • Not to exceed $200 per day, $10,000 in the aggregate

Reinstatement/Return to Work

  • Must reinstate to same or equivalent position
  • Unless position was eliminated

Emergency Paid Sick Leave Act (EPSLA)

  • Cannot Work or Telework due to:
      • Quarantine, advised to self-quarantine, seek diagnosis, preventative care or diagnosis for coronavirus (Quarantine order includes orders that advise citizens to shelter in place, stay at home, otherwise restrict their mobility)
      • Caring for an individual who subject to quarantine or isolation order or advised to self-quarantine

Eligible Employees

  • All Employees

Amount of Hours & Pay

  • Full-time employees entitled to 80 hours (14 days)
  • Part-Time entitled to average number of hours employee is scheduled per day over six-month period.
    • Full pay, not to exceed $511 per day, $5,110 in the aggregate for employee Quarantine, self-quarantine, or preventative care or diagnosis
    • 2/3 pay, not to exceed $200 per day, $2,000

Covered Employers             

Private Employers                                                                                   Under 500 Employees

Public Agency Employers (State Gov & Political Subdivision)                1 or more employees

Determination of Employer Size:

  • Made at the time of each leave request
  • May vary depending upon time of request

Employer Exemption                                                                                   Under 50 Employees

Permitted if imposition would jeopardize the viability of the business if:

  1. Leave would result in expense and financial obligation exceeding available revenues and cause business to cease operating at minimal capacity
  2. Absence of employee or employees requesting leave would entail “substantial risk to financial health or operational capabilities of business due to specialized kills, knowledge, or responsibilities; or
  3. Not enough workers available to keep labor sufficient to operate at minimal capacity

Employer Documentation for Exemption

Employer must document facts and circumstances that meet criteria of “ongoing business concern”

Exceptions to Providing Leave

  1. Employers of Health Care Providers
  2. Employers of Emergency Responders (Includes EMT, EMTP, Dispatchers, “those individuals whose work is necessary to maintain the operation of the facility”)

Intermittent Leave

  • Mutual Agreement of Employer and Employee
  • If for employee symptoms or diagnosis of COVID-19 must take all sick leave

Healthcare Benefits

  • Employer must maintain all health benefits during EPFMLA and EPSLA
  • Employer may make regular employee premium deductions from paid EPFMLA and EPSLA

Postings

Employee Notice of Need for Leave

  • Employer may require employee to follow notice procedures of need for leave as soon as practicable.
  • Notice may be oral, but employer must maintain documentation supporting need and eligible reason for leave.
  • May not be required in advance of first workday employee takes EPFMLA or EPSLA

Employee Documentation

Emergency Paid Family & Medical Leave (EPFMLA)

Employee need for leave must include:

  • Employee Name
  • Date Leave Requested
  • Type of Leave Requested
  • COVID-19 Qualifying Reason
  • Statement that employee is unable to work or telework
  • If for caring for child whose school or childcare is closed due to COVID-19 must provide:
    • Name of child
    • Name of school or childcare that is closed
    • Representation that no other suitable person will be caring for child during period of leave.

Emergency Paid Sick Leave Act (EPSLA)

Employee need for leave must include:

  • Employee Name
  • Date Leave Requested
  • Type of Leave Requested
  • COVID-19 Qualifying Reason
  • Statement that employee is unable to work or telework
  • If for quarantine or isolation order, name of government entity that issued order
  • If for COVID-19 qualifying reason, name of health care provider who advised to self-quarantine.
  • If for caring for child whose school or childcare is closed due to COVID-19 must provide:
    • Name of child
    • Name of school or childcare that is closed
    • Representation that no other suitable person will be caring for child during period of leave.

 

Recordkeeping

Employer must retain all documentation for a period of four (4) years following the request for leave.

Documentation for:

  1. Approved or denied leave
  2. Oral statements provided by employee to support leave
  3. Denial due to exemption for employers of under 50 employees
  4. To support tax credit for any leave taken under act, including employee eligibility and amount
  5. To support credit for qualified health plan expenses
  6. Copies of completed IRS Form 7200
  7. Copies of completed IRS Form 941

 

Interaction with Leave Under Traditional FMLA and Emergency Paid FMLA

  • Total of 12 Weeks of leave between both
  • Employee who has already exhausted 12 weeks of traditional FMLA is not entitled to additional EPFMLA
  • Amount of EPFMLA is offset by any leave previously taken in FMLA year.
  • Amount of traditional FMLA is offset by any leave previously taken under EPFMLA

 

Non-Retaliation/Non-Discrimination

Employers cannot retaliate or discrimination against an employee who has requested or taken leave under EPFMLA or EPSLA

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coronavirus, COVID-19, Families First Coronavirus Response Act (FFCRA)


Scott Moore

Scott A. Moore, Esq. has been in the emergency medical services field for over 26 years. Scott has held various executive positions at several ambulance services in Massachusetts. Scott is a licensed attorney, specializing in Human Resource, employment and labor law, employee benefits, and corporate compliance matters. Scott has a certification as a Professional in Human Resources (PHR) and was the Co-Chair of the Education Committee for the American Ambulance Association (AAA) for several years. In addition, Scott is a Site Reviewer for the Commission on the Accreditation of Ambulance Services (CAAS). Scott earned his Bachelor’s Degree in Psychology from Salem State College and his Juris Doctor from Suffolk University Law School. Scott maintains his EMT and still works actively in the field as a call-firefighter/EMT in his hometown. Scott is a member of the American Bar Association, the Massachusetts Bar Association, the Society for Human Resource Management, and the Northeast Human Resource Association.