Many have been asking if the Families First Coronavirus Response Act applies to them and how does it work. The best summary we’ve seen so far is by the California Chamber of Commerce found here Families First Coronavirus Response Act
Please note that it is not clear as to whether this applies to dental practices and probably not medical practices. The law allows employers to exclude health care providers and emergency responders. The language is quite broad, the term health care provider means-
- A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the State in which the doctor practices, or
- Any other person determined by the Secretary to be capable of providing health care services.
Many of your professional organizations are lobbying to get you out of these requirements.
Briefly the act:
Emergency Paid Sick Leave
- Applies to all employers with fewer than 500 employees:
- However, the Secretary of Labor is authorized to issue regulations to exclude certain health care providers and emergency responders and to exempt small business with fewer than 50 employees from its requirements when they would jeopardize the viability of the business. We haven’t seen this exemption issued yet but will notify you when and if it happens.
- Emergency Paid Sick Leave:
- Requires employers to provide an additional 80 hours of paid sick leave. Part time employees get a proration.
- Sets limits on amount of compensation for paid sick leave
- Lists reasons for an employee to be given paid sick leave
- Subject to a federal, state or local quarantine or isolation order related to COVID-19;
- Advised by a health care provider to self-quarantine due to concerns related to COVID-19;
- Experiencing symptoms of COVID-19 and seeking a medical diagnosis;
- Caring for an individual who is subject to a government quarantine or a self-quarantine advised by a health care provider (reasons 1 and 2 above);
- Caring for their child if the child’s school or place of care has been closed, or the child-care provider is unavailable due to COVID-19 precautions; or
- Experiencing any other “substantially similar condition” specified by the Secretary of Health and Human Services.
- Provides employers with quarterly tax credits to offset employer payroll taxes (social security taxes) up to certain limits.
Emergency Family and Medical Leave Expansion
- Applies to all employers with fewer than 500 employees
- However, the Secretary of Labor is authorized to issue regulations to exclude certain health care providers and emergency responders and to exempt small business with fewer than 50 employees from its requirements when they would jeopardize the viability of the business. We haven’t seen this exemption issued yet but will notify you when and if it happens.
- Applies to employees who have been employed at least 30 days
- The employee may only take emergency FMLA leave when the employee is unable to work (or telework/remote work) due to a need to care for the employee’s child under 18 years of age if the school or place of care has been closed or the child care provider is unavailable due to a public health emergency, meaning an emergency related to COVID-19.
- The first ten days can be unpaid, but an employee can use PTO, accrued sick days, etc.
- After the first ten days the employer must pay full time employees a rate not less than two-thirds their regular rate. Paid leave is capped at $200 a day and $10,000 in the aggregate.
- Similar to Paid Sick Leave, employers will be provided with quarterly tax credits for paid family leave allowing credits against the employers portion of social security taxes.
- Job protection – the employee has the right to return to work in the same or equivalent position. Employers with fewer than 25 employees may be exempted if the position no longer exists
This is probably only the beginning of other actions federal, state, and local governments will take. Expect more to come.
As always, please let us know how we can help. We will get through this, but if not we will shoulder it together.
