Changes to FMLA Leave in Response to Covid-19 Pandemic

A new bill signed by President Trump changes some of the provisions of the Family Medical and Leave Act (FMLA) in response to the Covid-19 pandemic sweeping the nation. In a nutshell, FMLA is amended (Families First Coronavirus Response Act) to allow U.S. workers employed by private entities or individuals with fewer than 500 employees to take up to 12 weeks of job protected leave if the employee is unable to work or telework because their minor child’s school has closed and or a care providers business is not operating due to the Corona virus. There are exemptions for employers with fewer the 25 employees from the job protected aspect of the FMLA leave under certain conditions and employers with fewer than 50 employees in cases where the imposition of the requirements would jeopardize the viability of the business.

Sick Leave Provisions Under the Emergency FMLA Bill

The bill also mandates that employers with fewer than 500 employees provide sick time to workers if the employee is sick or quarantined due to Covid-19 or caring for a child whose school has closed or in cases where a care provider is not operating. Full time employees are entitled to 80 hours while part-time workers are entitled to time equal to the number of hours they typically work over a two week period. Various rules apply depending on the circumstances of the leave and, again, employers with fewer than 50 employees many be exempt from the paid sick leave requirement in certain situations.

Contact an Experienced Family Medical and Leave Act Lawyer for Help

As employers scramble to comply with the new FMLA law, let alone come up with funds to afford payroll until relief rolls in and tax credits take effect, there is bound to be some confusion that may negatively affect workers – some of whom may be wrongfully denied FMLA leave or even wrongfully terminated. If you need help with an employment law issue, contact the Des Moines FMLA leave attorneys of of Stoltze & Stoltze PLC for immediate assistance at515.989.8529.