- Emergency paid leave is calculated as follows:
- Full-time employees are entitled to 80 hours.
- Part-time employees are entitled to the average number of hours worked over a two-week period. Note: the Act does not identify which two-week period the employer must use to calculate part-time emergency paid leave. The Department of Labor is tasked with issuing guidelines within 15 days after enactment.
- Employees using Emergency Paid Sick Leave under the Act must be paid at their regular rate of pay. Employees using Emergency Paid Sick Leave to care for a family member will be compensated at two-thirds (2/3) the employee’s regular rate of pay.
- Employees may but are not required to use Emergency Paid Sick Leave under the Act before using any other paid leave benefits provided by the employer.
- Employers may not change existing paid leave policies to avoid providing existing paid leave benefits in addition to Emergency Paid Sick Leave under the Act.
- Emergency Paid Sick Leave under the Act does not carry over from year to year and is not paid out upon the employee’s termination from employment for any reason.