FMLA Expansion Under Coronavirus Response Act

When President Trump signed the Families First Coronavirus Response Act into law in mid-March, employers with fewer than 500 employees became responsible for providing paid leave to certain employees through Dec. 31, 2020.

The benefit extends to employees unable to work or telework due to the need for leave to care for a son or daughter under the age of 18 that has been impacted by the closing of a school or place of care as a result of a federal, state or local emergency declaration. According to the law, the first 10 days of this leave may be unpaid but provided with pay after 10 days at a rate no lower than two-thirds of an employee’s regular rate of pay. Paid leave is not to exceed $200 per day or $10,000 in aggregate and employees cannot be required to use available paid time off before receiving the benefit. This expansion applies to employers with fewer than 50 employees even though they are not currently subject to FMLA.

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