The paid leave requirements come under the Families First Coronavirus Response Act (FFCRA).\u00a0 There are two separate Acts that apply to all businesses (and non-profits) with fewer than 500 employees: the Emergency Paid Sick leave Act (EPSLA) and the Emergency Family and Medical Leave Expansion Act (EFMLEA).\u00a0 Request Consultation<\/a><\/p>\n Beware<\/span>:<\/strong> Both the EPSLA and the EFMLEA are in effect from April 1, 2020 to December 31, 2020.\u00a0 And there are penalties for non-compliance.<\/em><\/p><\/blockquote>\n All W-2 employees, both full and part time, that have one of these six (6) situations:<\/p>\n Full-time employees get up to 80 hours, and part-time employees get up to two weeks. As for calculating the amount of pay the employee can get, it actually depends on the reason for the leave.<\/p>\n If the employee falls into the \u00abPersonally Affected\u00bb category above, then<\/p>\n For those employees that fall into the \u00abCaretaker\u00bb category above, then you have to break it down a little further:<\/p>\n Pay at 2\/3 their regular rate under the FLSA (capped at $200\/day and $2,000 in aggregate over a 2-week period, up to 80 hours).<\/p>\n Pay at 2\/3 of 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 \u2013 two weeks of paid sick leave followed by up to 10 weeks of paid expanded family and medical leave).<\/p>\n And, as Employer, you cannot<\/strong> _<\/p>\n The only carve-back is that employees cannot carry over the emergency paid sick leave to subsequent years.<\/p>\n An employee may choose to substitute accrued vacation leave, personal leave or medical\/sick leave for the first two weeks of the leave.\u00a0 That is up to the employee, though. You, the employer, do not get to decide.<\/em><\/p><\/blockquote>\n There are two forms of aid coming your way. The first, and probably the most important, is the business loans<\/a>\u00a0 under the Paycheck Protection Program and Economic Injury Disaster Loans.\u00a0 Read more here<\/strong><\/span><\/a>.\u00a0 Florida, and other states, will offer business loans as well, though with terms less favorable than the federal programs.<\/p>\n The other help is tax breaks<\/a>.\u00a0 For details on the Employee Retention Tax Credit and Payroll Tax Delay, go here<\/strong><\/a>. There is even a way to get some of the credits paid to your business in advance.<\/p>\n For some companies, though, these aids may not be enough. In that is your situation, then you will have to make your case for exemption.<\/p>\n Yes.\u00a0 You will have to apply to the Department of Labor (DOL) and show your business has fewer than 50 employees and that compliance with the new provisions would jeopardize the viability of the business.\u00a0 Additionally, the Act does not apply to employees who are healthcare providers or first responders.<\/p>\n For many, the magic words are \u201cjeopardize the viability of the business.\u201d We will find out more about what exactly that means as the DOL starts making decisions.<\/em><\/p><\/blockquote>\n If your business cannot afford to comply with the paid leave requirements, consider hiring counsel<\/a> to help obtain the exemption. \u00a0Request Consultation<\/em><\/span><\/a><\/p>\n Here the situation is a little different because we already have the Family and Medical Leave Act.\u00a0 The EFMLEA is just an amendment to the existing law. So, all the provisions of the Family and Medical Leave Act that do not conflict with the following continue to be in full effect.<\/p>\n Employees that<\/p>\n This part applies to both Acts:<\/p>\n Employers must post a notice of FFCRA requirements in a conspicuous place at the job site.<\/p>\n Employers in violation of the first two weeks\u2019 paid sick time or unlawful termination provisions of the FFCRA will be subject to the penalties and enforcement described in Sections 16 and 17 of the Fair Labor Standards Act 29 USC 216; 217.<\/p>\n Employers may not discharge, discipline, or otherwise discriminate against any employee who takes paid sick leave under the FFCRA and files a complaint or institutes a proceeding under or related to the FFCRA.<\/p>\n Understanding the interplay between the available business loans<\/a>, tax breaks<\/a>, paid leave obligations and unemployment benefits<\/a> is the whole game at this point.\u00a0 You have to weigh your options and make the best choices you can for your business.\u00a0<\/em><\/p><\/blockquote>\n April 1, 2020<\/strong> is here, so it is time to make decisions.\u00a0 Our firm<\/a> is here to help.\u00a0 Request Consultation<\/a><\/p>\nEmergency Paid Sick leave Act (EPSLA)<\/h1>\n
What workers are eligible?<\/h3>\n
Personally affected:<\/h5>\n
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Caretaker of affected person:<\/h5>\n
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How much time and pay?<\/h3>\n
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How can your company afford this?<\/h2>\n
Are there any Exemptions?<\/h3>\n
Emergency Family and Medical Leave Expansion Act (EFMLEA)<\/h1>\n
Who is eligible?<\/h3>\n
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How much time and pay?<\/h3>\n
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WHAT ELSE SHOULD YOU KNOW?<\/h2>\n
Posted Notice<\/h3>\n
Penalties and Enforcement<\/h3>\n
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Prohibitions<\/h3>\n