Emergency Family Medical Leave Expansion Act

Emergency Family Medical Leave effective April 2, 2020

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Eligible Employees
Includes those employed for at least 30 days who are unable to work (or telework) because they must care for their children whose school or daycare closed due to COVID-19.

Eligible Employers
Employers with less than 500 employees. Does Not Include:

  • Certain health care providers and emergency responders.
  • Certain small businesses with fewer than 50 employees requiring leave would jeopardize the viability of the business.

Paid Leave
Ten (10) days of unpaid leave (c an substitute accrued PTO). Followed by ten (10) weeks of paid leave at:

  • Two-thirds pay
  • Capped at $20 0/day and $10,000 total
  • Leave does not have to be continuous or even in full-day increments. It can be taken intermittently. In other words, employees can take half-day leave if needed.

Employees must provide employers with reasonable notice when the need for leave is foreseeable.

Rights of Those Taking Leave Under FMLA
Employers Cannot:

  • Require employees to delay the start of medical leave.
  • Fail to assist employees in filling out FMLA paperwork.
  • Require employees to only take FMLA leave in full-day increments.
  • Deny FMLA leave when the employee qualifies.
  • Fail to give employees their job back with the same or equivalent position.
  • Retaliate against the employee for taking or seeking FMLA leave.

*Some employers with fewer than 25 employees may be excluded.

For more information regarding the Emergency Medical Leave Expansion Act, contact our Employment Law Attorneys today.