FAQ: Emergency Paid Sick Leave

The law provides up to 10 days of paid sick leave for employees. Full-time employees are entitled to 80 hours paid sick time. Part-time employees are entitled to the number of hours they normally work on average in a 2-week period. This may be taken intermittently if both the employer and employee agree.

All public employers, as well as private employers with fewer than 500 employees. All their employees are covered regardless of length of employment, including seasonal and temporary workers.²

² _{The Secretary of Labor may, for good cause, issue regulations that exclude certain health care providers and emergency responders. In guidance (regulations have not issued yet), the DOL includes as potentially part of that exemption anyone employed at a health care center, clinic, post-secondary educational institution offering health care instruction, medical school, pharmacy, and any facility performing laboratory or medical testing.}

Leave may be used only if the employee is unable to work because of any of the following:

1. Employee is subject to a federal, state, or local quarantine or isolation order related to coronavirus;
2. Employee has been advised by a health care provider to self-quarantine due to concerns related to coronavirus;
3. Employee is experiencing coronavirus symptoms and seeking a medical diagnosis;
4. Employee is caring for an individual who is subject to a federal, state, or local quarantine or isolation order related to coronavirus; or who has been advised by a health care provider to self-quarantine due to concerns related to coronavirus
5. Employee is caring for a son or daughter³ if a school or place of care has been closed due to coronavirus, or the childcare provider of the son or daughter is unavailable due to coronavirus;
6. The employee is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services in consultation with the Secretary of Labor and Secretary of the Treasury.

³ _{“Son or daughter,” as under the FMLA, includes a biological, foster, or adopted child, a stepchild, a child of a domestic partner, a legal ward, or the child of a person standing in loco parentis, under 18 years of age.}

Compensation depends on the reason for the emergency leave. For leave related to an employee’s own illness or quarantine (see (a)-(c) above), the employee is entitled to their full rate of pay up to a maximum of $511 per day, capped at $5110 total.

For leave related to caring for another person, including needing to care for a child due to closing of school or childcare (see (d)-(f) above), the employee is entitled to 2/3 their regular rate of pay up to a maximum of $200 per day, capped at $2000 total.

Because the FFCRA does not diminish other rights or benefits, employees may supplement emergency paid sick leave with accrued paid leave under existing CBAs or policies to attain normal earnings for the period of emergency paid sick leave.

No, emergency paid sick leave may be used prior to any existing paid leave.

No; this benefit expires December 31, 2020 and employees are not entitled to reimbursement for unused leave under this provision.

No, emergency paid sick leave is only available for a qualifying reason set forth above. However, prorated emergency paid sick leave may be available when the reduction in hours is not due to a lack of work but because a coronavirus-related reason prevents an employee from working a full schedule.

No, the FFCRA prohibits employers from retaliating against employees who utilize emergency paid sick leave.

The law provides up to 10 days of paid sick leave for employees. Full-time employees are entitled to 80 hours paid sick time. Part-time employees are entitled to the number of hours they normally work on average in a 2-week period. This may be taken intermittently if both the employer and employee agree.

All public employers, as well as private employers with fewer than 500 employees. All their employees are covered regardless of length of employment, including seasonal and temporary workers.²

² _{The Secretary of Labor may, for good cause, issue regulations that exclude certain health care providers and emergency responders. In guidance (regulations have not issued yet), the DOL includes as potentially part of that exemption anyone employed at a health care center, clinic, post-secondary educational institution offering health care instruction, medical school, pharmacy, and any facility performing laboratory or medical testing.}

Leave may be used only if the employee is unable to work because of any of the following:

1. Employee is subject to a federal, state, or local quarantine or isolation order related to coronavirus;
2. Employee has been advised by a health care provider to self-quarantine due to concerns related to coronavirus;
3. Employee is experiencing coronavirus symptoms and seeking a medical diagnosis;
4. Employee is caring for an individual who is subject to a federal, state, or local quarantine or isolation order related to coronavirus; or who has been advised by a health care provider to self-quarantine due to concerns related to coronavirus
5. Employee is caring for a son or daughter³ if a school or place of care has been closed due to coronavirus, or the childcare provider of the son or daughter is unavailable due to coronavirus;
6. The employee is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services in consultation with the Secretary of Labor and Secretary of the Treasury.

³ _{“Son or daughter,” as under the FMLA, includes a biological, foster, or adopted child, a stepchild, a child of a domestic partner, a legal ward, or the child of a person standing in loco parentis, under 18 years of age.}

Compensation depends on the reason for the emergency leave. For leave related to an employee’s own illness or quarantine (see (a)-(c) above), the employee is entitled to their full rate of pay up to a maximum of $511 per day, capped at $5110 total.

For leave related to caring for another person, including needing to care for a child due to closing of school or childcare (see (d)-(f) above), the employee is entitled to 2/3 their regular rate of pay up to a maximum of $200 per day, capped at $2000 total.

Because the FFCRA does not diminish other rights or benefits, employees may supplement emergency paid sick leave with accrued paid leave under existing CBAs or policies to attain normal earnings for the period of emergency paid sick leave.

No, emergency paid sick leave may be used prior to any existing paid leave.

No; this benefit expires December 31, 2020 and employees are not entitled to reimbursement for unused leave under this provision.

No, emergency paid sick leave is only available for a qualifying reason set forth above. However, prorated emergency paid sick leave may be available when the reduction in hours is not due to a lack of work but because a coronavirus-related reason prevents an employee from working a full schedule.

No, the FFCRA prohibits employers from retaliating against employees who utilize emergency paid sick leave.

The law provides up to 10 days of paid sick leave for employees. Full-time employees are entitled to 80 hours paid sick time. Part-time employees are entitled to the number of hours they normally work on average in a 2-week period. This may be taken intermittently if both the employer and employee agree.

All public employers, as well as private employers with fewer than 500 employees. All their employees are covered regardless of length of employment, including seasonal and temporary workers.²

² _{The Secretary of Labor may, for good cause, issue regulations that exclude certain health care providers and emergency responders. In guidance (regulations have not issued yet), the DOL includes as potentially part of that exemption anyone employed at a health care center, clinic, post-secondary educational institution offering health care instruction, medical school, pharmacy, and any facility performing laboratory or medical testing.}

Leave may be used only if the employee is unable to work because of any of the following:

1. Employee is subject to a federal, state, or local quarantine or isolation order related to coronavirus;
2. Employee has been advised by a health care provider to self-quarantine due to concerns related to coronavirus;
3. Employee is experiencing coronavirus symptoms and seeking a medical diagnosis;
4. Employee is caring for an individual who is subject to a federal, state, or local quarantine or isolation order related to coronavirus; or who has been advised by a health care provider to self-quarantine due to concerns related to coronavirus
5. Employee is caring for a son or daughter³ if a school or place of care has been closed due to coronavirus, or the childcare provider of the son or daughter is unavailable due to coronavirus;
6. The employee is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services in consultation with the Secretary of Labor and Secretary of the Treasury.

³ _{“Son or daughter,” as under the FMLA, includes a biological, foster, or adopted child, a stepchild, a child of a domestic partner, a legal ward, or the child of a person standing in loco parentis, under 18 years of age.}

Compensation depends on the reason for the emergency leave. For leave related to an employee’s own illness or quarantine (see (a)-(c) above), the employee is entitled to their full rate of pay up to a maximum of $511 per day, capped at $5110 total.

For leave related to caring for another person, including needing to care for a child due to closing of school or childcare (see (d)-(f) above), the employee is entitled to 2/3 their regular rate of pay up to a maximum of $200 per day, capped at $2000 total.

Because the FFCRA does not diminish other rights or benefits, employees may supplement emergency paid sick leave with accrued paid leave under existing CBAs or policies to attain normal earnings for the period of emergency paid sick leave.

No, emergency paid sick leave may be used prior to any existing paid leave.

No; this benefit expires December 31, 2020 and employees are not entitled to reimbursement for unused leave under this provision.

No, emergency paid sick leave is only available for a qualifying reason set forth above. However, prorated emergency paid sick leave may be available when the reduction in hours is not due to a lack of work but because a coronavirus-related reason prevents an employee from working a full schedule.

No, the FFCRA prohibits employers from retaliating against employees who utilize emergency paid sick leave.