Added UI Clarification and Paid Sick Leave

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Here is some added information to UI for individuals that can receive these benefits if available for work, but are unemployed or unavailable to work because:

    • the individual’s place of employment is closed as a direct result of COVID-19;
    • the individual is diagnosed with COVID-19, or has symptoms of COVID-19 for which the individual is seeking a diagnosis;
    • a member of the individual’s household has been diagnosed with COVID-19;
    • the individual is providing care for a family member or a member of individual’s household who has been diagnosed with COVID-19;
    • a child or other person in the household for whom the individual has primary caregiving responsibility is unable to attend school or another facility that is closed as a direct result of COVID-19, and such school or facility being open is required for the individual to work;
    • the individual is unable to reach their place of employment because of a quarantine;
    • the individual is unable to reach their place of employment because they have been asked to self-quarantine by a health-care provider;
    • the individual was scheduled to commence employment but is unable to reach the job or no longer has the job because of COVID-19;
    • the individual has become the breadwinner or major support for their household because the head of household has died as a result of COVID-19;
    • the individual has to quit their job as direct result of COVID-19;
    • the individual meets any other, additional criteria established by the Secretary of Labor for unemployment assistance.

Paid Leave Under FFCRA:  The Emergency Paid Sick Leave Act (EPSLA) and the Emergency Family and Medical Leave Expansion Act (EFMLEA)

 

These two laws provide paid leave to employees who cannot work for COVID-19-related reasons. Both:

 

  • Apply to employers with fewer than 500
  • Are effective on April 1, 2020.
  • Do not apply if your employer has closed down before April 1, and only apply while your employer is open for business. If your employer is closed, you may be eligible for unemployment compensation
  • Employers may take a credit against payroll taxes worth 100% of the amount they pay in required benefits (through Dec. 31, 2020).
  • Employers in multiemployer bargaining units have option of satisfying their obligations by paying into a multiemployer benefit plan if the plan provides employees with the required benefits.

 

Emergency Paid Sick Leave Act

  • Benefits are available to all employees, regardless of length of tenure with the employer
  • Requires employers to pay – for up to 80 hours (pro-rated for part-time):
    • Regular wages, capped at $511/day ($5110 maximum) for employees unable to work because:
      • Employee is subject to a public COVID-19-related quarantine or isolation order;
      • Health care provider has advised employee to self-quarantine; or
      • Employee is experiencing COVID-19 symptoms and seeking diagnosis.
    • 2/3 of regular wages, capped at $200/day ($2000 maximum) for employees unable to work because the employee is:
      • Caring for an individual subject to a public quarantine or isolation order or who has been advised to self-quarantine;
      • Caring for a son or daughter if the school or childcare facility is closed or childcare provider is unavailable; or
      • Experiencing similar conditions, as specified by HHS.
      • DOL can provide an exemption for employers with fewer than 50 employees from the childcare provision if complying would jeopardize the employer’s business.
      • DOL can exclude certain healthcare workers and first responders. Employers of healthcare workers and first responders can elect to exclude them as well.

 

Emergency Family and Medical Leave Expansion Act

  • Available to employees who have been employed for 30 days with the employer from which they are requesting the leave.
  • Requires employers to provide 10 days unpaid leave and up to an additional 10 weeks of paid leave to care for son or daughter whose school or childcare facility is closed or childcare provider is unavailable for COVID-19 related reasons.
  • Paid leave is 2/3 of regular wages, capped at $200/day ($10,000 maximum)
  • Employees can elect to use EPSLA leave or accrued vacation, personal, medical or sick leave for the unpaid portion.
  • DOL can provide an exemption for employers with fewer than 50 employees if complying would jeopardize the employer’s business. DOL can exclude certain healthcare workers and first responders.