Guide to FFCRA COVID Leaves
Employees are still entitled to leave for COVID related absences through the CARES Act at least through the end of 2020. This includes Emergency Paid Sick Leave and Emergency Paid Family Leave.
The ways these interact and overlap can be confusing and wrought with opportunity for mistakes that could cost you when you are trying to get your tax credit later. We’ve outlined a guide below to help your navigate the waters.
If you have questions aside from the leaves on what to do if an employee is exposed, test positive, etc. check out our employer guide for more step by step info!
Remember, there are 2 components to FFCRA Leave:
Emergency Paid Sick Leave (EPSL)
Eligibility: All Employees
Circumstances: Employees who can’t work or telework due to diagnosis, treatment, quarantine, or childcare/family care needs related to COVID.
Unsure how to handle all these scenarios with testing, length of required time out, etc? Visit our COVID library for detailed guidance!
Benefits: 2 weeks (up to 80 hours and pro-rated for part-time employees) of paid leave. 100% pay* for quarantine and illness related leave, 2/3 pay for childcare leave.
Important Notes: If taken for purposes other than child/family care, this leave does NOT count toward an employee’s total 12-week FMLA eligibility. This means an employee can take this 2 weeks of EPSL leave for non-child/family care reasons AND ALSO take an additional 12 weeks of FMLA for EPFMLA or other “normal” FMLA qualifying reasons, totaling 14 weeks of leave. Note, in this case the first 2 weeks of the Emergency FMLA would be unpaid.
Documentation: Make sure you have the employee complete an affirmation document to substantiate this leave payout later (see our COVID Library!)
Emergency Paid Family Leave (EPFMLA)
Eligibility: Employees who have worked for you 30 days or greater.
Circumstances: Employees who are unable to work or telework because of a need to care for their child (under 18) when their child’s school or place of care is closed, or the childcare provider in unavailable due to COVID.
Benefits: The first 2 weeks are “unpaid” but may be paid (2/3 pay) under the EPSL (above) if the employee hasn’t yet used the 2-week EPSL paid benefit for another reason previously (quarantine, etc.). Once this 2-week period has ended, employees are then eligible for 10 weeks of paid leave at 2/3 their normal pay*.
Important Notes: This leave can be taken intermittently (think hybrid school opening plans). An employee voluntarily keeping their kids from going to school is not eligible for this leave. You should complete
Documentation: Make sure you have the employee complete an affirmation document to substantiate this leave payout later (see our COVID Library!)
*Benefits are subject to financial limits as indicated by the law.
Additional information on your specific obligations based on your employer size, industry, and other details can be found here.
As always, we are available by phone or email with any questions you have!
