First Read: H.R. 6201 Paid Leave Provisions
Here's my initial (2:00 a.m.) summary of the paid leave provisions of the House bill passed earlier this morning:
The bill provides paid sick leave for 2 weeks, and then up to 10 weeks of paid FMLA.
Leave is available for medical conditions related to coronavirus or caring for students whose schools or daycare are closed due to coronavirus.
Unlike current FMLA which only covers private employers with 50 or more employees, these provisions only cover private (non-govt) employers with "fewer than 500 employees." Also applies to all public (gov't) employers of any size.
Paid leave is full pay for the first two weeks if based on employee's own medical condition related to coronavirus; otherwise (caring for family and after first 2 weeks of sick leave) paid at two-thirds normal pay.
All employees are eligible for two-weeks of paid leave upon hire. For paid FMLA, have to be employed for 30 days before eligible (but normal FMLA one-year of employment, 1250 hours worked, and 50+ employees within 75-mile radius requirements don't apply).
FMLA amendments allow the Secretary of Labor to exempt "certain health care providers and emergency responders" and small businesses with fewer than 50 employees "when the imposition of such requirements would jeopardize the viability of the business as a going concern."
It appears employees can't sue for coronavirus-related FMLA violations if the employer has fewer than 50 employees, but DOL could still enforce against them.
Both the Paid Sick Leave and Paid FMLA provisions would take effect 15 days after enactment and would expire December 31, 2020.
Employers who pay benefits under these laws would be eligible for payroll tax credits, potentially up to 100% of the amount paid, but subject to caps.
Labor and Employment Partner @ gunnercooke llp | Practical Approach
4 年Attention: On Monday night, the House voted again to pass a revised version of this bill. While reportedly necessary to make “technical corrections,” the amended bill is much different. We will provide additional information as soon as possible. The Senate May take action on the revised bill as soon as today.
Passionate HR Leader | Total Rewards Guru | Mentor | Trusted Advisor | DEIB Advocate | Coach | Compliance Queen | Book Nerd
4 年It will be interesting to see if the senate agrees with the 500 and below employee threshold.
Human Resources Manager at Dopkins & Company, LLP
4 年How do you imagine this will work with NYSPFL or NYS statutory disability?
HR Business Partner | Data Nerd | DEI Champion | Talent Strategist | Non-Profit Supporter
4 年Thanks for the summary! Is there verbiage on funding of the pay and paperwork necessary to certify the leave? Is there any verbiage on quarentine due to travel?