To: All Employees
From: ________
Via: Email
Re: Families First Coronavirus Response Act (FFCRA) Notice
Date: ________
As some of you may know, Congress has recently passed, and the President has signed, a new emergency coronavirus response bill into law. This law is effective beginning April 2, 2020, and it is called the Families First Coronavirus Response Act, or FFCRA.
We are sending this notice to alert you to some of the most relevant provisions of the FFCRA. If you have any questions about its applicability, please see your direct supervisor or HR manager.
The Basics
The FFCRA was designed to provide relief to employees who need to take emergency sick leave to care for themselves or their family during the coronavirus pandemic. It applies to employees who cannot work because they
(i) are subject to a quarantine or isolation order;
(ii) have been told by their doctor they should self-quarantine;
(iii) are experiencing symptoms of coronavirus and are attempting to get tested or otherwise find a diagnosis;
(iv) are caring for a family member who is subject to a quarantine or isolation order, or has been told by their doctor that they should self-quarantine;
(v) have to care for a child who has had their school closed or whose normal caretaker is not available due to the coronavirus; or
(vi) are experiencing anything similar to any of the above, as determined by the Department of Health and Human Services.
Who is Covered?
The FFCRA covers private employers with less than 500 employees. Thus, it applies to us as employers.
Employers who employ healthcare providers or first responders are permitted to exclude their employees.
For employers who have less than 50 employees, the U.S. Department of Labor is empowered to enact regulations to exempt these small businesses if the application of the FFCRA would jeopardize the business.
Sick Leave Details
Employees who are considered "full-time" can receive 80 hours of sick leave. Employees who are considered "part-time" will receive leave equal to the number of hours they usually work in a two week period.
Employees do not have to have accrued a minimum amount of time at their job to be eligible. The Act expires at the end of 2020, so the leave will not rollover.
Employees will make their normal wage or salary for the time they take off, but there is a cap of $511 per day and $5110 total for an employee's sick leave.
Employers must offer this policy to employees regardless of their existing policies and can't require their employees to use up their other paid leave before using this emergency sick time. They also can't force employees to find replacements to cover them or fire employees for requesting leave or filing a complaint regarding leave.
Family Leave Details
The FFCRA also expands coverage of the Family and Medical Leave Act, or FMLA. Employers with less than 500 employees must allow for 12 weeks of FMLA leave because the employee needs to care for a child who has been displaced from school or their childcare provider due to COVID-19. This provision is only applicable to employees who have been employed for at least 30 days.
The first 10 days that the worker is on leave could be unpaid (though the employee may use accrued paid leave if it is available) and after that employees are to receive at least 2/3 of their normal wage or salary, up to $200 per day and $10,000 total, while they are out.
Employees should be allowed to return to their previous position, but this may not apply if the employer has less than 25 employees and the employee's former position has been cut due to economic concerns caused by COVID-19, as long as the employer has made an effort to put the employee back in a similar role.
Additional Information
As we fall under the applicability of the statute, the leave policies outlined herein should be considered temporary additions to our current leave policies, through the end of the year.
According to the Centers for Disease Control (CDC) and the federal government, we can all do our part to stop the spread of COVID-19 in the following ways:
- Practice social distancing. Remain at least six feet away from others in public as much as possible.
- Avoid public gatherings with more than 10 people.
- Wash your hands regularly with soap and water for at least 20 seconds.
- Avoid touching your face.
- If you are feeling sick, please refrain from venturing out in public, where you may put others at risk.
- Suspend all non-essential travel.
As a company, we are making sure we continue monitoring all of the new information coming out. We plan to keep up-to-date with everything happening and keep in communication with you all.
We encourage employees with any concerns to speak to us during this difficult time. We understand many of you are facing uncertainty, as we all are. We believe remaining calm and undertaking the CDC's best practices, as well as looking out for each other, is the best way to do our part.