FFCRA Template Policy
(Insert Company name) is committed to the safety of our employee, customers, and the general public and seek to minimize the negative impacts related to the Coronavirus.
The Company will follow the requirements of the Families First Coronavirus Response Act (FFCRA) effective April 1, 2020, through December 31, 2020, or as directed by a government agency(s) and/or law, including all federal, state, or local laws relevant to the FFCRA requirements, to the best of its ability.
This Policy covers all full-time and part-time employees of [insert Company name].
While management will work to ensure compliance with the FFCRA, employees are requested and expected to do their part to assist in working through the various provisions and keeping the Company informed of their need for possible assistance available under the FFCRA.
EXTENDED FAMILY & MEDICAL LEAVE ACT (EFMLA)
Any employee who has worked for the Company for at least 30 calendar days is eligible to take up to 12 weeks of COVID-19 leave from their workplaces if the employee is unable to work (or Telework) due to a need for leave to care for a son or daughter under 18 years of age of such employee if the school or place of care has been closed, or the child care provider of such son or daughter is unavailable, due to a public health emergency related to COVID-19.
The first ten days of EFMLA are unpaid; then, the employee is entitled to receive 2/3 pay for the remaining 50 days, with a cap of $200 per day and $10,000 in the aggregate. The employee, at their discretion, may opt to use PTO, vacation, company-provided sick pay, or emergency sick pay (see below) as available to receive pay for the first ten days.
Any FMLA time previously used by an employee during the Company’s FMLA 12 month lookback period, or any FMLA time currently being used or used after April 1, 2020, for any other FMLA approved reason, will be deducted from the 12 weeks provided under EFMLA. EFMLA does not provide additional FMLA time above what is already mandated.
EMERGENCY PAID SICK LEAVE
The FFCRA provides for Emergency Paid Sick Leave that varies, based on the status of the employee: 80 hours of pay for full-time employees and a pro-rated portion for part-time workers based on their average number of hours over a typical two-week period.
Eligible reasons for receiving Emergency Sick Pay include the following:
- The employee is subject to a Federal, State, or local quarantine or isolation order related to COVID-19;
- The employee has been advised by a health care provider to self-quarantine related to COVID-19;
- The employee is experiencing COVID-19 symptoms and is seeking a medical diagnosis;
- The employee is caring for an individual subject to an order described in (1) or self-quarantine as described in (2);
- The employee is caring for a child whose school or place of care is closed (or childcare provider is unavailable) for reasons related to COVID-19; or
- The employee is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services, in consultation with the Secretaries of Labor and Treasury.
If the sick leave is for an employee who is sick, quarantined, or seeking a diagnosis (reasons 1 – 3 above), the benefit will replace the employee’s wages up to a maximum benefit of $511 per day up to a total of $5110 for all ten days. If an employee is requesting leave for reasons 4-6 above, the benefit will replace at least two-thirds of the employee’s wages up to a maximum benefit of $200 per day up to a total of $2000 for all ten days.
DOCUMENTATION OF ELIGIBILITY
The Company recognizes that in some instances, it may be difficult to obtain the usual medical certification or documentation of illness, or of school or daycare closures, during the COVID-19 pandemic. The Company reserves the right to require such documentation to be provided later on. Employees found to have abused these new Emergency Family Leave, or Sick Pay Policies may be subject to disciplinary action, up to and including termination of employment.
TO APPLY FOR FFCRA BENEFITS
Employees who feel they meet the requirements to qualify for either or both of these benefits under the FFCRA should contact [insert name, title] at [insert contact information].
Because the information about and the response to the COVID-19 pandemic is continually changing, please be advised that this Policy may be revised at any time, based on the overall situation and changes in federal, state, and/or local laws.