Do I have to terminate employees for them to be eligible for unemployment insurance benefits?
Is my business eligible for a loan under the CARES Act?
For a lender to decide whether a business is eligible for a loan under the Payroll Protection Program, what factors and/or documentation will be taken into consideration?
Is an employee entitled to paid sick leave because of being quarantined?
My employee is self-quarantined. Is he eligible for paid sick leave?
My employee has requested paid leave under the FFCRA. What documents does the employee have to provide?
Can I require my employees to use vacation in the place of paid leave?
Can employees request intermittent leave leave under the FFCRA?
How do I know if my business is required to provide paid leave under the FFCRA?
What types of businesses are exempt under the FFCRA as a health care provider or emergency responder?
When does the small business exemption apply to exclude a small business from the provisions of the Emergency Paid Sick Leave Act and Emergency Family and Medical Leave Expansion Act?
A business with fewer than 50 employees may deny an otherwise eligible employee with paid leave under the FFCRA when:
- such leave would cause the small business’s expenses and financial obligations to exceed available business revenue and cause the small business to cease operating at a minimal capacity; or
- The absence of the employee or employees requesting paid sick leave or expanded family and medical leave would entail a substantial risk to the financial health or operational capabilities of the small business because of their specialized skills, knowledge of the business, or responsibilities; or
- There are not sufficient workers who are able, willing, and qualified, and who will be available at the time and place needed, to perform the labor or services provided by the employee or employees requesting paid sick leave or expanded family and medical leave, and these labor or services are needed for the small business to operate at a minimal capacity.
If I am a small business with fewer than 50 employees, am I exempt from the requirements to provide paid sick leave or expanded family and medical leave?
If a small business is exempt from the provisions for paid sick leave and expanded family and medical leave, does any paid leave have to be paid?
Yes. An employer who is otherwise exempt from providing paid sick leave, or expanded family and medical leave, due to a school or place of care closures or child care unavailability due to COVID-19, must provide paid sick leave to an employee if the employee is eligible for paid leave due to their own COVID-19 related illness.
Does the law take into account the months children would be out of school for summer break?
For employees working variable hours week to week, how are average hours calculated?
If an employee is isolated or quarantined while being tested for COVID-19, will the employee still qualify for paid leave if the employee tests negative? Can we withhold payment until we have some form of documentation from the employee?
Yes. The FFCRA specifically requires up to 80 hours of paid leave to an employee who is unable to work because the employee is experiencing COVID-19 symptoms and seeking a medical diagnosis. The resulting diagnosis does not affect the employee’s eligibility.
While it is reasonable in this situation to request documentation from the employee that medical diagnosis has been sought for suspected COVID-19 symptoms, the DOL has requested that employers be more lax in the enforcement of their attendance policies during the declared pandemic. This request would include requesting documentation from an overburdened healthcare provider. Withholding payment could be seen as a violation of the FFCRA provision and therefore would not be recommended.