Family First Coronavirus Response Act: H.R. 6201 – Revision

The COVID-19 epidemic has forced employees to take off from work because they tested positive for the virus or under quarantine after coming in contact with someone who has tested positive. Additionally, It has caused parents to miss work because their children’s school are under lockdown due to the outbreak and there is no suitable childcare available.

​As a result, Congress passed H.R. 6201, the Families First Coronavirus Response Act which became effective April 2, 2020.  The provisions of this legislation will continue through December 31, 2020. This legislation makes significant changes to the Family Medical Leave Act (FMLA) and to Emergency Paid Sick Leave.  The legislation provides sick leave benefits and childcare leave benefits to affected taxpayers whose employers have fewer than 500 employees. The employer will pay the benefits to the employee and then file for reimbursement by the government.  

Emergency Paid Sick Leave
For employers with fewer than 500 employees the legislation makes the employees eligible for paid sick leave without regard to the duration of their employment with the company. Thus, if an employee is unable to work, or work from home, for any of the following reasons they qualify for paid sick leave.

• Is subject to federal, state, or local isolation or quarantine order related to COVID-19
• Has had a health care provider advise them that they should self- quarantine as a result of concerns related to COVID-19 (self-quarantining does not qualify).
• Is seeking medical diagnosis as a result of having symptoms of COVID-19.
• Is caring for somebody (not necessarily a family member) who is subject to a federal, state, or local isolation or quarantine due to COVID-19; or who has been advised to self-quarantine by a health care provider as a result of COVID-19.
• If the employee’s child’s school or care facility has been closed or is unavailable as a result of COVID-19 and the employee needs to care for the child.

The Act also includes a provision that an employee qualifies if the employee Is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services in consultation with the Secretary of the Treasury and the Secretary of Labor.

Hours of Sick Leave Time:

• Full-Time Employee: 80 Hours
• Part-Time Employee (regularly scheduled hours): Same number of hours they would normally work during a two-week period.
• Part-Time Employee (sporadic hours): Special calculation method.
• Sick Pay Benefit:
• For reasons 1 through 3, above: Normal rate of pay but limited to a maximum of $511 per day and a total of $5,110.
• For reasons 4 and 5: Two-thirds of their normal rate of pay but limited to $200 per day and a maximum of $2,000.
• Employee Accrued Paid Leave – The Act specifically prohibits employers from requiring employees to use other accrued paid leave before using the emergency leave.
• Existing Paid Sick Leave or Paid Time Off - Any existing paid sick leave or paid time off is separate from Emergency Paid Sick Leave and remains with the employee.
• Note: - Employees are not required to provide advance notice before the first day that they take paid sick leave.

For questions email: [email protected]