Employers must post the E-PSL Act notice to be provided by the Secretary of Labor.
To take leave under the E-PSL Act, the employee must be unable to work or telework due to the following reasons only:
If the reason for leave is items 1-3 listed above, an employee will be paid their normally hourly rate, up to $511 a day or a maximum of $5,110 in the aggregate.
If the reason for leave is items 4-6 listed above, the max of 2/3 rate of pay is $200 a day, or a maximum of $2,000 in the aggregate.
The Small Business to elect this exception must maintain records to justify this decision.
Keep records for four (4) years.
Employer still required to post the New Notice on E-PSL.
Effective Dates: Begins April 1, 2020 and expires December 31, 2020
Employers must post the E-FMLA Act notice to be provided by the Secretary of Labor.
Applies to all public agencies, including a college or university that is a political subdivision of a state. It also applies to private employers with fewer than 500 employees. (The E-FMLA did not carry over the provision for employers to exclude employees
from the count whose work sites are more than 75
miles away. It appears that the E-FMLA will apply
to employers with fewer than 500 employees
regardless of site location. In other words, you may
exclude if you have more than 500 employees
regardless of location, even long distances.
To take leave under the E-FMLA Act, the employee must be unable to work or telework due to the following reasons only:
“A qualifying need related to a public health emergency.”
Employee receives a maximum of $200 a day, and $10,000 in the aggregate over the remaining 10 weeks.
For part-time employees, an employer should look at their average hours worked over the last 6 months. If the part-time employee has worked less than 6 months prior to leave, an employer should look at the reasonable expectation of hours the employee would normally be scheduled to work.
The 12 week is reduced by any FMLA the employee has already used in the preceding 12 months.
To be exempt is a high standard. An authorized officer of the business has determined that:
Would result in expenses and obligations exceeding available business revenue and cause the business to cease operating at a minimal capacity.
The absence of the employee(s) would cause substantial risk to financial health or operations because of the employee(s).
The absence(s) would create a situation of insufficient and qualified workers to operate the business at minimal capacity.
Emergency Paid Sick Leave Form
PAID FMLA LEAVE REQUEST FORM
Paid Family and Medical Leave Policy
Paid Sick Leave