Q & A from Covid-19 Webinars

Q. Does the new paid family leave include parents with children at home because of school closures? What is the pay rate and how long does it last?

A. Guidance is still pending, but the Families First Coronavirus Response Act that was passed on March 19th, 2020 would require partially paid leave under FMLA when an employee is unable to work or telework due to a school or childcare closure related to the coronavirus. This benefit would be available to individuals who have work for their employer for at least 30 days. The bill provides for refundable tax credits in “an amount equal to 100% of the qualified” FMLA leave paid by the employer for each calendar quarter. The credit can be taken against the employer’s portion of the Social Security taxes. The refund/credit is capped at $200 per day, per employee and $10,000 per quarter.

Q. How do you apply for an exemption?

A. Companies that are under 50 employees can apply to be exempted from the EFMLEA FMLA expansion as granted by the Secretary of Labor under limited circumstances. At this time, we don’t have sufficient guidance to provide a pathway for smaller employers to guarantee exemption.

Q. Does the EFMLEA rule have a set mile radius for employee count similar to current FMLA rules?

A. No. The EFMLEA has no mileage radius, therefore applies to ANY employer with fewer than 500 employees.

Q. What is the effective date of the employer-related portion of the FFCRA?

A. 15-days after the enactment, which is Thursday, April 2, 2020. Requirements expire on December 31, 2020.

Q. Can we require proof that employees have children at home?

A. ANSWER PENDING!