· Amount of Leave: Up to 12 weeks of job-protected FMLA leave for employees who have been employed for at least 30 days.
• Reason for Leave: If an employee is “unable to work (or telework)” due to a need to care for a child under 18 years of age if the child’s school or place of care has been closed, or the child care provider of such son or daughter is unavailable, due to a public health emergency.
· Days/weeks to be paid:
• First 10 days of such leave are unpaid. However, the employee is in all likelihood entitled to COVID-19-related paid sick leave for the first ten days as discussed above.
• Remaining 10 weeks are paid leave in an amount equal to two-thirds of the employee’s regular rate of pay for the remaining 10 weeks, capped at $200 per day ($10,000 maximum).
• Employees may use accrued personal or sick leave during the first 10 days. (NOTE: Because the first ten days are paid under the Paid Sick Leave portion of the act, this would only apply in very specific situations (e.g., when a school closes, reopens and then closes again) ).
· Reinstatement: Presumably the same rules generally requiring reinstatement of employees taking leave under the FMLA would apply to leave under the FFCRA. However, employers with fewer than 25 employees may not be required to return employees to their same or equivalent position upon their return to work from such leave if the employee’s position ceases to exist due to an economic downturn or as a result of other circumstances caused by a public health emergency. The exception is subject to certain conditions, such as making reasonable attempts to return the employee to an equivalent position and contacting any displaced employee for up to a year after they are displaced if an equivalent position becomes available.
