| SUMMARY OF 2020 FEDERAL COVID-19 LEAVE LAWS | ||
| COVID-19 Sick Leave | COVID-19 FMLA | |
| Effective Dates | No later than 4/1/20 thru 12/31/20 | No later than 4/1/20 thru 12/31/20 |
| Eligibility | Any period of employment – no minimum
Health care workers can be excluded |
Employed 30 or more days
Health care workers can be excluded |
| Qualifying Conditions | Eligible employee cannot work or telework because:
Health care provider advised or health officer ordered employee quarantined; Employee has COVID-19 symptoms; Employee caring for individual in quarantine; Minor child’s school or child care closed. Experiencing similar condition specified by SHHS |
Employee cannot work or telework because minor child’s school or child care closed due to COVID-19. |
| Duration of Leave | Full time = 80 hours leave
Part-time = leave equal to the # hrs worked on average over a two week period Employer cannot require employee to use other paid leave first Leave cannot be carried over 1 year to the next Leave ends the shift immediately following termination of qualifying condition Other employee leave benefits not excluded |
First 10 days unpaid – employee can elect to substitute paid
Subsequent days paid leave
FMLA continues to provide 12 weeks of protected leave for qualifying conditions of which COVID-19 leave is one; other FMLA qualifying conditions remain the same. |
| Rate of Pay | For employee quarantine or symptoms: paid leave rate = to employee’s salary for hrs taken. Max = $511/day up to $5110.00 aggregate
For care of another or closed school / child care: paid leave rate of 2/3 employee’s regular salary. Max = $200/day up to aggregate of $2000.00 |
Paid leave rate = 2/3 of employee’s regular salary for the number of hours the employee would otherwise be normally scheduled to work.
Max: $200/day; $10,000 aggregate |
| Restoration to Position | Cannot discharge, discipline, or discriminate for taking leave | Required unless exception |
| Notice by Employee | Reasonable | Reasonable |
| Effective Dates | No later than 4/1/20 through 12/31/20 | No later than 4/1/20 through 12/31/20 |