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Does my Business Need to Provide Coronavirus Sick Leave? (Probably)

Updated: 4 days ago

By: Stephanie Farrell, Esq. -- sfarrell@mnlawllc.com


The Families First Coronavirus Response Act, which includes the Emergency Paid Sick Leave Act and the Emergency Family Medical Leave Expansion Act, goes into effect on April 1, 2020. It applies to all employers with less than 500 employees, with very limited exemptions for employers with fewer than 50 employees. In most scenarios, employers will be required to provide employees with two weeks of paid leave under the Emergency Paid Sick Leave Act. Importantly, employers cannot require their employees to exhaust paid leave before taking the two weeks of paid leave available under the Emergency Paid Sick Leave Act. In certain circumstances, when an employee must take leave because their child is not in school or they lost their childcare due to coronavirus, additional paid leave of up to 10 weeks may be available. While there are dollar-for-dollar tax credits available for employers, companies will still need to make those payments to their employees on the front end.


Navigating these changes to Family Medical Leave can be tricky, especially since the Department of Labor has not yet enacted regulations to provide further guidance. The chart below provides some of the basic information as to when paid sick leave will be available. Please reach out if you require guidance.






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