The coronavirus has thrown the entire world into disarray, and we have seen hardships, sickness, and many deaths. In an effort to help American workers, the  U.S. Department of Labor recently announced how employees and their employers can benefit from the protections and relief offered by the Emergency Paid Sick Leave Act and Emergency Family and Medical Leave Expansion Act, which are both part of the Families First Coronavirus Response Act (FFCRA). On April 1st, the Wage and Hour Division (WHD) of the U.S. Department of Labor issued a temporary rule issuing regulations pursuant to these new COVID laws for work.

The rules protecting employees rights during COVID-19 went into effect upon release. The federal government says that the FFCRA will help American workers and companies combat and defeat COVID-19. The new law will reimburse private employers in America with fewer than 500 employees with tax credits for the cost of providing their employees with paid leave that’s taken for specified reasons related to COVID-19.

The law will make certain that workers aren’t forced to choose between their paychecks and the public health measures required to combat the virus, while at the same time helping businesses. The Families First Coronavirus Response Act requires certain employers to honor specific employees rights during COVID-19. This includes paid sick leave or expanded family and medical leave that relates to COVID-19. The Department of Labor’s (Department) Wage and Hour Division (WHD) administers and enforces the new law’s paid leave requirements. The new COVID laws for work will apply until the end of the year.

How Do I Know If My Employer Is a "Covered Employer"?

The paid sick leave and expanded family and medical leave under the FFCRA apply to certain public employers, and private employers with fewer than 500 employees. Most federal government employees are covered by Title II of the Family and Medical Leave Act (the FMLA, which wasn’t amended by the FFCRA); as a result, they aren’t covered by the expanded family and medical leave provisions of the FFCRA. However, federal employees covered by Title II of the FMLA are covered by the paid sick leave provision. The Department of Labor explained that small businesses with fewer than 50 employees may be exempt from the requirement to provide leave due to school closings or child care unavailability if the leave requirements would “jeopardize the viability of the business as a going concern.”

How Do I Know If I’m Eligible?

COVID laws for work stipulate that all employees of covered employers are eligible for two weeks of paid sick time for specified reasons related to COVID-19. Those employees who have worked for at least 30 days are eligible for up to an additional 10 weeks of paid family leave to care for a child under certain situations related to COVID. Those who are denied are suggested to talk to an employment lawyer who fights for workplace rights. Notice: Where leave is foreseeable, an employee should provide notice of leave to the employer as is practicable. After the first workday of paid sick time, an employer must honor employees’ rights during COVID-19 and follow reasonable notice procedures in order to continue receiving paid sick time.

How Much Leave Is Available?

To reiterate, the U.S. Department of Labor stated that as a general rule, the FFCRA provides that employees of covered employers are eligible for the following:
  • Two weeks (up to 80 hours) of paid sick leave at the employee’s regular rate of pay in the event that the employee can’t work because:
    • the employee is quarantined (pursuant to federal, state, or local government order or advice of a physician); and/or
    • the employee is experiencing coronavirus symptoms and seeking a medical diagnosis;
or  
  • Two weeks (up to 80 hours) of paid sick leave at ⅔ the employee’s regular rate of pay because:
      • the employee cannot work due to a bona fide need to care for an individual subject to quarantine (pursuant to federal, state, or local government order or advice of a physician); or
      • to care for a child (under 18 years of age) whose school or child care provider is closed or unavailable for reasons related to coronavirus; and/or
      • the employee is experiencing a substantially similar condition as specified by the Secretary of Health and Human Services, in consultation with the Secretaries of the Treasury and Labor;
     
plus  
  • Up to an additional 10 weeks of paid expanded family and medical leave at ⅔ the employee’s regular pay when an employee, who’s been employed for at least 30 calendar days, is unable to work due to a bona fide need for leave to care for a child whose school or child care provider is closed or unavailable for reasons related to the coronavirus.

My employer fired me for taking leave for COVID-related reasons. Is this legal?

Employers must honor employees’ rights during COVID-19. FMLA and other federal laws protect qualified individuals absent from work because of a serious health condition. Additionally, the Americans with Disabilities Act prohibits discrimination against individuals with a disability. Pre-existing health conditions that are exacerbated by COVID-19 could be considered a serious health condition and thus, disabled. Besides prohibiting discrimination, the ADA requires employers to provide reasonable accommodations for such individuals. The ADA defines a disability as a physical or mental impairment that disrupts a normal functional life. Such examples are cooking, light exercise, and going out to stock up on essential needs. Some states offer extended accommodations and greater protections for employees through their local and state laws.

Can my employer cut my hours or lay me off?

There are specific COVID laws for work that protect employee’s rights during COVID-19 and from mass layoffs. The federal  Worker Adjustment and Retraining Notification (WARN) Act requires companies to give affected employees 60-days advance written notice of the mass layoff or closure of the worksite. Some states have their own variation of the WARN Act that may provide greater protection. Additionally, several states require an employer to provide work schedules in advance and pay workers when shifts are taken away or added. Finally, if you were laid off, you may be entitled to unemployment benefits, which vary according to the state you live in.

What should you do if your employer refuses to comply with the FFCRA requirements?

When you encounter an employer who disregards the FFCRA and the rights of their employees  during COVID-19, think of it as engaging with a key figure in this network whose actions ripple across the community.

Start this crucial interaction with a conversation that's both straightforward and empathetic. This isn't merely about quoting statutes, rather, it's about evoking a collective sense of equity and accountability. If this dialogue hits a wall, it's time to dig deeper.

At this point, elevate the issue to the Wage and Hour Division (WHD) of the U.S. Department of Labor. This step is like bringing in a master mediator—a figure capable of delicately unraveling the most complex disputes. This step also ensures that the framework of justice is not only observed but upheld to protect the rights of employees during COVID-19.

Should the need escalate, enlisting the aid of an employment attorney marks the next phase of your journey. Picture this as consulting with an experienced navigator who is adept at steering through stormy seas, equipped with a detailed map of legal precedents and a compass pointing toward justice. This advisor does more than guide, they light up the terrain, transforming a daunting blockade into a navigable route to resolution.