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An employer with fewer than 500 employees is a “covered employer” for both paid sick leave and paid family leave requirements.
The Secretary of Labor has the authority to exempt employers with fewer than 50 employees from providing paid sick leave and paid family leave if doing so would cause undue hardship on the business.
An individual must be working for a “covered employer.” The employee must have been employed by the employer for a minimum of 30 days. If the individual worked for the employer at least 30 of the 60 calendar days prior to being laid off, was laid off after March 1, 2020 and was rehired by the employer, that employee is considered a “covered employee.”
For paid sick leave, employees are eligible to take two weeks (80 hours) of paid time at 100% of the employee’s regular rate of pay, up to $511 per day. This time can be used for quarantine or isolation orders, doctor’s visits, self-quarantine, or seeking diagnosis for symptoms of COVID-19.
Paid sick leave can also be used to care for someone who is quarantined or isolated, or for taking care of a child due to closure of a school or care facility. This paid time is compensated at 2/3 of the employee’s regular pay rate, up to $200 per day.
For paid family leave, employees are eligible to take up to 10 additional weeks of paid time at 2/3 their regular pay rate to take care of a child who is a minor due to school or care facility closure, or unavailability of a childcare provider.
Provisions for this leave will go into effect on April 1, 2020 and will be available to employees until December 31, 2020.