Employee Rights under the Families First Coronavirus Response Act

The emergence of COVID-19, also known as the “coronavirus,” has affected the workplace in ways never seen before. As a result, Congress passed the Families First Coronavirus Response Act (“FFCRA”), which modifies, among other things, the Family and Medical Leave Act (“FMLA”) and the Fair Labor Standards Act “FLSA”).

Importantly, under FFRCA, employees who were not entitled to the protections of FMLA and FLSA, may be from April 1, 2020 to December 31, 2020. If you are an employee of a private sector employer, who has less than 500 employees, or an employee of a governmental or public employer, you may be entitled to leave for reasons relating to COVID-19, as further explained below.

Pursuant to FFCRA and the Department of Labor’s guidance, an employee may take leave for the following reasons relating to COVID-19:

  • The employee is unable to work or telework, and
    • Is subject to a Federal, State, or local quarantine or isolation order related to COVID-19;
    • Has been advised by a heath-care provider to self-quarantine related to COVID-19;
    • Is experiencing COVID-19 symptoms and is seeking a medical diagnosis;
    • Is caring for an individual who is subject to a Federal, State, or local quarantine or isolation order related to COVID-19 or the individual has been advised by a health-care provider to self-quarantine related to COVID-19;
    • Is caring for his or her child whose school or childcare provider is closed or unavailable due to COVID-19 related reasons; or
    • Is experiencing any other substantially-similar condition specified by the U.S. Department of Health and Human Services.

Additionally, some employees, who have been employed for at least 30 days before their leave request, may be eligible for an additional 10 weeks of partially paid leave if the employee is caring for his or her child whose school or childcare provider is closed or unavailable due to COVID-19 related reasons.

The calculations to determine the paid leave can be difficult and are subject to limitations of FFCRA. There are several factors that affect the calculations, such as whether the employee is full time or part time, and the length of the leave.

If you are a Missouri or Illinois resident who is dealing with employment pay and leave issues, you should strongly consider the advice and assistance of attorneys familiar with FFCRA and the laws of your state. Call us, Ross & Voytas, LLC, at 314-394-0605 or learn more at www.rossvoytas.com.

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 If you believe your employer has improperly denied your request for leave or is not paying you properly, call us Ross & Voytas, LLC.

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