Congress passed a law giving employees the right to paid leave and paid sick time related to the coronavirus. The law is called the Families First Coronavirus Response Act (FFCRA) — and if your employer denied you that leave, or terminated you for requesting it, you may have a claim.
Here's What You'll Get, If You Qualify
Generally, the Act provided that employees of covered employers were eligible for:
- Two weeks of paid sick time — full rateUp to 80 hours of paid sick time at the employee's regular rate of pay where the employee is unable to work because they are quarantined (pursuant to a federal, state, or local government order or the advice of a health care provider), and/or experiencing COVID-19 symptoms and seeking a medical diagnosis.
- Two weeks of paid sick time — two-thirds rateUp to 80 hours of paid sick time at two-thirds the regular rate where the employee is unable to work because of a bona fide need to care for an individual subject to quarantine, or to care for a child (under 18) whose school or child-care provider is closed or unavailable for reasons related to COVID-19, or the employee is experiencing a substantially similar condition specified by the Secretary of Health and Human Services.
- Up to 10 additional weeks of paid family leaveAt two-thirds the regular rate, where an employee who has been employed for at least 30 calendar days is unable to work due to a bona fide need to care for a child whose school or child-care provider is closed or unavailable for reasons related to COVID-19.
When Should I Call a Workers' Comp Lawyer About Paid Sick Time?
Our attorneys put together a set of questions to help you determine whether you may qualify for paid leave. It is not legally "all inclusive," but it will help you decide whether it's appropriate to contact our firm. If your answer is "Yes" to all of these, we'd like to hear from you:
- Do you work for a private employer, or a public employer other than the federal government?Federal-government employees are not entitled to this leave or paid sick time under this particular law.
- Does your employer have fewer than 500 employees?Larger employers are not required to provide this paid leave. Employers with fewer than 50 employees may also apply for an exemption related to child care in some circumstances.
- Have you been employed for at least 30 days by this employer?If yes, you qualify for the additional 10 weeks of paid leave. If not, you are limited to 2 weeks of paid leave.
- Were you terminated, laid off, or denied paid leave by the employer?If you haven't asked your employer for leave yet — preferably in writing — you would need to do so before making a claim, even if your employer implied it would not provide leave.
- Are you unable to telework?If your job offers the option of telework and you can reasonably do it, you cannot get paid leave.
- Were you terminated or denied leave after notifying your employer of a covered reason?For example: that you were diagnosed with coronavirus by a doctor or hospital; that you need time off to care for an immediate family member who was diagnosed; or that you need time off to care for a child under 18 whose school or child-care facility closed due to coronavirus concerns.
What Are the Qualifying Reasons for Leave and Paid Sick Time?
Under the law, an employee qualified for paid sick time if he or she was unable to work (or telework) due to a need for leave because the employee:
- is subject to a federal, state, or local quarantine or isolation order related to COVID-19;
- has been advised by a health care provider to self-quarantine related to COVID-19;
- is experiencing COVID-19 symptoms and is seeking a medical diagnosis;
- is caring for an individual subject to a quarantine order or advised to self-quarantine;
- is caring for a child whose school or place of care is closed (or child-care provider is unavailable) for reasons related to COVID-19; or
- is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services.
An employee qualified for expanded family leave if he or she was caring for a child whose school or place of care was closed (or child-care provider unavailable) for reasons related to COVID-19.
How Long Do I Get Leave?
For reasons (1)–(4) and (6): a full-time employee is eligible for 80 hours of leave; a part-time employee is eligible for the number of hours they work on average over a two-week period.
For reason (5): a full-time employee is eligible for up to 12 weeks of leave (two weeks of paid sick leave followed by up to 10 weeks of paid expanded family and medical leave) at 40 hours a week; a part-time employee is eligible for the hours they are normally scheduled to work over that period.
How Do I Calculate My Leave Pay?
- Reasons (1), (2), or (3)Pay at the regular rate or the applicable minimum wage, whichever is higher, up to $511 per day and $5,110 in the aggregate over a two-week period.
- Reasons (4) or (6)Pay at two-thirds the regular rate or two-thirds the applicable minimum wage, whichever is higher, up to $200 per day and $2,000 in the aggregate over a two-week period.
- Reason (5)Pay at two-thirds the regular rate or two-thirds the applicable minimum wage, whichever is higher, up to $200 per day and $12,000 in the aggregate over a twelve-week period.
Note: Paid sick time under this Act does not carry over from one year to the next. Employees are not entitled to reimbursement for unused leave upon termination, resignation, retirement, or other separation from employment.
What Else Should I Consider?
- After the first workday of paid sick time, an employer may require employees to follow reasonable notice procedures to keep receiving paid sick time.
- Special rules apply to health care providers and emergency responders. For more on that, see the U.S. Department of Labor's website at dol.gov.
Is the Law Going to Change?
The laws are always changing, and Congress may update or change the rules as circumstances continue. If you have questions about your qualification for paid sick time, personal injury, workers' compensation, or other employment-related concerns, give our attorneys a call — we can help.