Beginning April 1st, 2020, all companies of 500 employees or fewer are required to provide paid expanded Family and Medical Leave, as well as emergency paid sick leave under the Families First Coronavirus Relief Act.
These are large, mandated changes to many of our members’ company policies, and TCIA is here to answer your questions about complying with the law. Below is an explanation of certain aspects of the law that will apply to many of our member companies.
TCIA STRONGLY RECCOMENDS ALL TREE CARE COMPANIES REVIEW THE DEPARTMENT OF LABOR’S WEBPAGE ON THE REQUIREMENTS OF THIS LAW
https://www.dol.gov/agencies/whd/pandemic
CHECK BACK FOR FREQUENT UPDATES TO THE DEPARTMENT OF LABOR’S “Families First Coronavirus Response Act: Questions and Answers” WEB PAGE AT: https://www.dol.gov/agencies/whd/pandemic/ffcra-questions
Expanded FMLA Leave
Employee Eligibility
All employees who have been employed with the company for at least 30 days from the time they request leave.
Reason for Leave
Eligible employees who are unable to work (or telework) due to a need to care for their child when the school or place of care has been closed, or the regular childcare provider is unavailable due to a public health emergency with respect to COVID-19.
Duration of Leave
Employees will have up to 12 weeks of leave to use from April 1, 2020, through December 31, 2020, for the purposes stated above. This time is included in and not in addition to the total FMLA leave entitlement of 12 weeks in a 12-month period.
EMPLOYERS WITH 50 EMPLOYEES OR FEWER: STAY TUNED FOR UPDATES FROM THE DEPARTMENT OF LABOR, AS YOU MAY BE ABLE TO APPLY FOR EXEMPTIONS TO CERTAIN PARTS OF THIS REQUIREMENT
Pay During Leave
Leave will be unpaid for the first 10 days of leave; however, employees may use any accrued paid vacation, sick or personal leave during this time. The employee may also elect to use the paid leave provided under the Emergency Paid Sick Leave Act, as further explained below. After the first 10 days, leave will be paid at two-thirds of an employee’s regular rate of pay for the number of hours the employee would otherwise be scheduled to work. Pay will not exceed $200 per day, and $10,000 in total. Any unused portion of this pay will not carry over to the next year.
Procedure for Requesting Leave
All employees requesting FMLA leave must provide written notice, where possible, of the need for leave to the HR manager as soon as practicable. Verbal notice will otherwise be accepted until written notice can be provided. Within five business days after the employee has provided this notice, the HR manager will complete and provide the employee with any Department of Labor (DOL) required notices.
The notice the employee provides should include a brief statement as to the reason for leave, and if possible, the expected duration.
On a basis that does not discriminate against employees on FMLA leave, the company may require an employee on FMLA leave to report periodically on the employee's status and intent to return to work.
Emergency Paid Sick Leave
Eligibility
All full- and part-time employees unable to work (or telework) due to one of the following reasons for leave:
- 1. The employee is subject to a federal, state or local quarantine or isolation order related to COVID–19.
- 2. The employee has been advised by a health care provider to self-quarantine due to concerns related to COVID–19.
- 3. The employee is experiencing symptoms of COVID–19 and seeking a medical diagnosis.
- 4. The employee is caring for an individual who is subject to either number 1 or 2 above.
- 5. The employee is caring for his or her child if the school or place of care of the child has been closed, or the childcare provider of such child is unavailable, due to COVID–19 precautions.
- 6. The employee is experiencing any other substantially similar condition specified by the secretary of health and human services in consultation with the secretary of the treasury and the secretary of labor.
Amount of Paid Sick Leave
All eligible full-time employees will have up to 80 hours of paid sick leave available to use for the qualifying reasons above. Eligible part-time employees are entitled to the number of hours worked, on average, over a two-week period.
Rate of Pay
Paid emergency sick leave will be paid at the employee's regular rate of pay, or minimum wage, whichever is greater, for leave taken for reasons 1-3 above. Employees taking leave for reasons 4-6 will be compensated at two-thirds their regular rate of pay, or minimum wage, whichever is greater. Pay will not exceed:
- • $511 per day and $5,110 in total for leave taken for reasons 1-3 above;
- • $200 per day and $2,000 in total for leave taken for reasons 4-6 above.
Interaction with Other Paid Leave
The employee may use emergency paid sick leave under this policy before using any other accrued paid time off for the qualifying reasons stated above. Employees on expanded FMLA leave under this policy may use emergency paid sick leave during the first 10 days of normally unpaid FMLA leave.
Procedure for Requesting Emergency Paid Sick Leave
Employees must notify their manager or the HR manager of the need and specific reason for leave under this policy. A form will be provided to all employees on the company intranet and/or in a manner accessible to all. Verbal notification will be accepted until practicable to provide written notice.
TCIA STRONGLY RECCOMENDS ALL TREE CARE COMPANIES REVIEW THE DEPARTMENT OF LABOR’S WEBPAGE ON THE REQUIREMENTS OF THIS LAW
https://www.dol.gov/agencies/whd/pandemic