Families First Coronavirus Response Act (FFCRA): The Basics
Department of Labor’s Wage and Hour Division (WHD) administers and enforces FFCRA
Effective date – April 1st through December 31, 2020
Eligible employees of covered employers are subject to caps
- Two weeks (up to 80 hours) of paid sick time at the employee’s regular rate of pay where the employee is unable to work because the employee is quarantined (pursuant to Federal, State, or local government order or advice of a healthcare provider), and/or experiencing COVID-19 symptoms and seeking a medical diagnosis; or
- Two weeks (up to 80 hours) of paid sick time at 2/3 the employee’s regular rate of pay because the employee is unable to work because of a bona fide need to care for an individual subject to quarantine (pursuant to Federal, State, or local government order or advice of a healthcare provider), 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 COVID-19, 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; and
- Up to an additional 10 weeks of paid family leave at 2/3 the employee’s regular rate of pay where an employee, who has 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 COVID-19.
FFCRA: Covered Employers
- Paid sick leave and expanded FMLA apply to certain public employers, and private employers with fewer than 500 employees
- Most employees of the federal government are covered by Title II of the Family and Medical Leave Act, which was not amended by this Act, and are therefore not covered by the expanded family and medical leave provisions of the FFCRA
- However, federal employees covered by Title II of the Family and Medical Leave Act are covered by the paid sick leave provision
- Small businesses <50 employees may qualify for exemption:
- Due to school closings or child care unavailability…
- If the leave requirements jeopardize viability of the business
FFCRA: Eligible Employees
All employees of covered employers are eligible for two weeks paid sick time for reasons related to COVID-19 and, if employed 30+ days, up to additional 10 weeks of paid family leave to care for a child under certain circumstances related to COVID-19.
Qualifying Reasons for Leave:
- Subject to a Federal, State, or local quarantine or isolation order
- Has been advised by a healthcare provider to self-quarantine
- Experiencing COVID-19 symptoms and is seeking a medical diagnosis
- Is caring for an individual subject to an order or self-quarantine as described above
- Is caring for a child whose school or place of care is closed
- Is experiencing any other substantially-similar condition
FCRA: Duration of Leave
- For reasons (1)-(4) and (6): A full-time employee is eligible for 80 hours of leave, and a part-time employee is eligible for the number of hours of leave that the employee works on average over a two-week period.
- For reason (5): A full-time employee is eligible for up to 12 weeks of leave (two weeks of paid sick leave followed by up to 10 weeks of paid expanded family & medical leave) at 40 hours a week, and a part-time employee is eligible for leave for the number of hours that the employee is normally scheduled to work over that period.
FFCRA: Calculation of Pay
- For leave reasons (1), (2), or (3): Employees taking leave are entitled to pay at either their regular rate or the applicable minimum wage, whichever is higher, up to $511 per day and $5,110 in the aggregate (over a 2-week period).
- For leave reasons (4) or (6): Employees taking leave are entitled to pay at 2/3 their regular rate or 2/3 the applicable minimum wage, whichever is higher, up to $200 per day and $2,000 in the aggregate (over a 2-week period).
- For leave reason (5): Employees taking leave are entitled to pay at 2/3 their regular rate or 2/3 the applicable minimum wage, whichever is higher, up to $200 per day and $12,000 in the aggregate (over a 12-week period). This is inclusive of the 80 hours of sick leave.
How can USA Payroll help?
- USA Payroll will have specific Earning Codes to distinguish each type of FFCRA pay.
- USA Payroll will track all earnings and cap each as required.
- Once employers provide their benefit costs, USA Payroll can track and calculate the appropriate tax credit.
- USA Payroll is committed to keeping you in compliance with all releases associated with the Coronavirus.
We are all in this together and we appreciate your business.
