What to Know About FMLA During the Coronavirus Pandemic
Many workers are familiar with the Family and Medical Leave Act. The FMLA, which allows for 12 weeks of unpaid leave for eligible employees, is a resource for those needing to recover from a serious health condition or care for a loved one.
In response to the novel coronavirus pandemic, family and medical leave has been expanded. President Donald Trump signed the Families First Coronavirus Response Act, which extends the conditions and coverages under the FMLA. The relief bill took effect in April and expires at the end of December 2020. Here's what to know about family and medical leave during the coronavirus pandemic.
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What Is FMLA?
The Family and Medical Leave Act is a federal law that entitles eligible employees to 12 weeks of unpaid, job-protected leave during a 12-month period. Employees who work for private-sector businesses with 50 or more employees, certain schools and public agencies are covered.
The FMLA applies to workers who:
-- Work for a covered employer.
-- Have worked for the business for the past 12 months.
-- Have worked at least 1,250 hours for the business in the past 12 months
-- Work at a location where the employer has 50 employees within 75 miles.
Common reasons to take leave under the traditional FMLA include the birth of a child, caring for a seriously ill family member or to recover from an illness. When the employee returns, he or she must be placed in his or her original job or an equivalent role.
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What Is Expanded Family and Medical Leave?
Under the Families First Coronavirus Response Act, employees gained additional access to paid sick leave and expanded family and medical leave for reasons specific to COVID-19.
The expanded rights include up to an additional 12 weeks, 10 of which are paid family and medical leave, at two-thirds of the employees' salary for those who have worked for at least 30 days and must take leave to care for a child whose school, day care or child care provider is unavailable due to COVID-19. The first 10 days of leave are unpaid. After that, pay is capped at $200 per day and $10,000 in total. "If you're taking this sort of leave, it's paid after the first two weeks," says Aaron Hotfelder, employment law editor for Nolo, a legal publisher.
The description of covered employers under the expanded family and medical leave differs from those under the old-school FMLA. They include certain public and private employers with fewer than 500 employees. Business with fewer than 50 employees may seek an exemption from this requirement.
This expanded family and medical leave policy applies to workers who:
-- Work for a covered employer.
-- Have worked for the employer for at least 30 days.
-- Are caring for a child whose school or child care is closed due to COVID-19.
Employees may use vacation or paid sick leave during the first unpaid 10 days to collect pay.
If you think you're familiar with family leave, note that this expanded version differs in a few notable ways. First, it's paid after the first 10 days, not unpaid. It applies to child care-taking. Employee eligibility is based on 30 workdays, not 12 months, and covered employers are those with fewer than 500 employees. Plus, with expanded family medical leave, unlike traditional family medical leave, the employer can't force the employee to take sick time, vacation or personal days before they're eligible for it, says Amber Clayton, director of the Knowledge Center for the Society for Human Resource Management.
The Families First Coronavirus Response Act also expanded paid sick leave options to recover from or care for a loved one with COVID-19. It requires covered employers to offer up to 80 hours of paid sick leave to eligible employees who are sick with or have symptoms of COVID-19 or are caring for a family member with the virus.
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Can I Lose My Job While Taking Family and Medical Leave?
Employers can't punish workers for taking family and medical leave, Clayton says. But if there are companywide layoffs or furloughs, taking this kind of leave doesn't protect you. Workers on leave "could be laid off or furloughed, as long as that is not done in a manner that is retaliating," Clayton says.
So keep in mind that taking FMLA leave shouldn't jeopardize your job, but it also doesn't shield you against larger job cuts.
How Can I Access FMLA During the Coronavirus Pandemic?
If you're questioning what leave is available to you during the coronavirus pandemic, reach out to your human resources department or consult your employee handbook to learn your options, Hotfelder says. Your employer may have posted information about expanded family and medical leave on the workplace intranet or in an email.
Verify whether you are covered under the traditional and/or expanded forms of FMLA and whether you have to exhaust paid vacation or sick leave before using leave. Investigate whether you have sick leave already offered as an employee benefit and consider whether you need to take additional time beyond it. Knowing your options will help you make the best decision for your health, your family and your pocketbook.
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