National leave expert Ellen McCann takes us on a deep dive into the latest guidance around Emergency Paid Sick Leave. The Emergency Paid Sick Leave Act (EPSLA) is one of two key components in the Families First Coronavirus Response Act (FFCRA). It applies to organizations with fewer than 500 employees and public agencies.

Key takeaways

• The measurement period for determining number of employees is as of the date the employee is going to be using the paid sick leave. [02:40]
• An employee is entitled to leave equivalent to two weeks of their normal schedule. If an employee is normally scheduled to work 40 hours a week, they would be entitled to 80 hours. [03:39] 
• There are six reasons for leave, in two key categories. [04:57]
• For an employee to access Emergency Paid Sick Leave, they need to be either subject to a quarantine order (including a shelter in place order if it prevents them from working) or advised by their medical provider to self-quarantine. The employee can also take this leave if they have symptoms and are seeking a diagnosis. [05:58]
• This form of leave does not apply to employees who are furloughed. [08:53]
• Additionally, an employee can take Emergency Paid Sick Leave to care for their child whose school or place of care is closed or to care for an individual who is subject to a quarantine order/doctor’s order to self-quarantine. [09:26]
• The Department of Labor has offered further guidance on the Families First Coronavirus Response Act — check their FAQ page. 

Ellen McCann
Assistant Vice President, Legal Counsel at Unum’s Employment Law Group 

Ellen McCann is an acclaimed national speaker on leave management issues including FMLA and ADA. She is also a certified trainer for SHRM and CE credit. As Assistant Vice President, Legal Counsel for Unum’s Employment Law Group, Ellen advises Human Resources on all employment-related legal issues. She also provides legal support to Unum’s Absence Management Center, which provides leave administration services to its customers. Presently, Unum’s leave administration product includes administration of close to 200 state leave laws in addition to FMLA and covers over 2.2 million lives. 

Resources: 

Families First Coronavirus Response Act (Apr. 8, 2020)[A1] 

The impact of COVID-19 is expanding nationwide and significantly affecting the workplace. Watch this webinar to learn more. 

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