Union Rights and Solidarity

Highlights of COVID-19 Sick Leave and FMLA Legislation

Local 800 Executive Board
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March 25, 2020

Here are the highlights of the new legislation passed last week that creates two new Paid Leave Programs for workers impacted by the COVID-19 virus: The Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act.

The sick leave benefits listed below can be accessed BEFORE you have to use your current sick leave or vacation accruals and are paid by your Employer, effective April 2.

Please contact AFSCME Union Representative Gary Guthman, at gary@afscme36.org or (213) 248-0381, or your Local 800 Shop Steward or Executive Board member if you have questions. You may also Reply to this email with your questions.

FAMILIES FIRST CORONAVIRUS RESPONSE ACT

  • Effective April 2, 2020, through December 31, 2020
  • Applies to All Employers w/ Less than 500 Employees
  • Creates 2 New Paid Leave Programs:  Emergency Paid Sick Leave Act and Emergency Family & Medical Leave Expansion Act

1. FF Emergency Paid Sick Leave Act

You are eligible if you fulfill any 1 of these 6 conditions.

  1. You are subject to quarantine or isolation order related to COVID 19, or
  2. You are advised by a health care provider to self-quarantine, or
  3. You are experiencing symptoms and seeking medical diagnosis, or
  4. You are caring for someone subject to quarantine or with symptoms, or
  5. You are caring for children because schools are closed due to COVID 19, or
  6. You are experiencing “any other substantially similar conditions”

Paid Sick Leave provisions under the EF Emergency Paid Sick Leave Act

  • Entitled to 80 hours of additional paid sick leave from your employer if full time
  • Entitled to fraction of 80 hours equal to fraction of 40-hour job you have: Pro Rated
  • Paid at regular rate of pay up to $511/day, or total of $5,110 if for #1, 2, or 3 reason above – your own medical problem
  • Paid at $200/day up to $2000 if for #4, 5 or 6 – caring for someone else
  • You May take this before you take other benefits (other vacation, sick leave, PTO)

2. FF EMERGENCY FAMILY & MEDICAL LEAVE ACT

Expansion of FMLA

  • If employed for at least 30 days with employer
  • If employer has fewer than 500 employees
  • If you have serious illness, or need to care for family member with serious illness, OR
  • IF YOU HAVE TO CARE FOR CHILDREN UNDER 18 BECAUSE OF SCHOOL CLOSURE

FF Emergency FMLA Expansion – provisions

  • Unpaid leave for first 10 days (use sick leave then)
  • Pay is at least 2/3 regular rate of pay times usual number of hours
  • But no more than $200/day and $10,000 total
  • Can add it to other kinds of paid leave already available – Vacation, Sick Leave, PTO, State benefits, etc.