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Emergency Family and Medical Leave Expansion Act

Under the federal Emergency Family and Medical Leave Expansion Act, employees may be entitled to public health emergency leave (PHEL).

Eligible employers Businesses with less than 500 employees
  • The Department of Labor has the authority to issue regulations exempting employers with fewer than 50 employees from the new law when the requirement would jeopardize the viability of the business.
Eligible employees All full and part-time employees who cannot work or telework
  • Exemption: an employer of a healthcare provider or an emergency responder may elect to exclude the employee from the paid sick leave requirement.
Qualifying reasons for leave related to COVID-19 Employee is caring for a child whose school or place of care is closed or the child care provider is unavailable, due to COVID-19 related reasons.
Amount of paid leave Eligible employees may use up to 12 weeks of protected leave
  • First 2 weeks (10 days) of PHEL may be unpaid
    • Employee may elect to substitute any accrued paid leave, including emergency paid sick leave to cover any portion of first 10 days
    • Employer cannot require employee to substitute such leave
  • Remaining 10 weeks paid at 2/3 of regular rate, up to $200/day and $10,000 total

This information is provided as a courtesy to assist in your understanding of the subject matter covered and on the impact of certain regulatory requirements and should not be construed as tax or legal advice. Such information is by nature subject to revision and may not be the most current information available.

This information is provided with the understanding that CASA Payroll Service is not rendering legal advice or other professional services. Consult experienced counsel and/or tax advisors for legal advice and review your jurisdictional requirements.
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