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Emergency Family and Medical Leave Expansion Act

Posted on 03/23/20

Details: The Emergency Family and Medical Leave Expansion Act (the “Act”) expands the FMLA to add qualifying reasons for leave related to the coronavirus and to provide partially paid leave for such leave (the “coronavirus-FMLA Leave”). Coronavirus-FMLA leave may be taken beginning on the date the Act takes effect (which shall be no later than 15 days after the date of enactment) and ending on December 31, 2020.

Who is Covered? The Act applies to all employers with fewer than 500 employees. An employee is eligible for coronavirus-FMLA leave if the employee has been employed for at least 30 calendar days by the employer from which the employee is requesting the leave.

What Qualifies for Coronavirus-FMLA Leave?

Under the Act, eligible employees may take up to 12 weeks of coronavirus-FMLA leave for these reasons:

  • To comply with a recommendation or order by a public official having jurisdiction or a health care provider on the basis that (i) the employee’s physical presence at the job would jeopardize the health of others because the employee has been exposed to or has symptoms of coronavirus; and (ii) the employee is unable to perform the function so the employee’s position and comply with the recommendation or order.
  • To care for a family member who cannot be in public because a public official or health care provider has determined that the family member’s presence in public would jeopardize the health of others because the family member has been exposed to or has symptoms of coronavirus.
  • To care for a son or daughter under 18 years of age if the school or place of care has been closed, or the childcare provider of such son or daughter is unavailable, due to the current public health emergency.

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