On Wednesday evening, March 18th, President Trump signed into law the Families First Coronavirus Response Act (the “Act”), which, among other things, mandates paid time off for certain qualifying events. There are two primary components in terms of paid time off: (1) the Emergency Family and Medical Leave Expansion Act (“E-FMLA”); and (2) the Emergency Paid Sick Leave Act (“EPSLA”).
EMERGENCY FAMILY AND MEDICAL LEAVE EXPANSION ACT
The E-FMLA amends the Family and Medical Leave Act of 1993 (“FMLA”) by adding “public health emergency leave” as a qualifying FMLA event.
Coverage. The E-FMLA applies to government employers of any size and private employers of fewer than 500 employees. The Secretary of Labor may issue regulations to exempt businesses with fewer than 50 employees if compliance would jeopardize the viability of the business.
Eligible employees are those who have been employed for at least 30 calendar days by the covered employer. Also, employers of employees who are health care providers or emergency responders may elect to exclude those employees from coverage under the E-FMLA.