Below is a table I put together for Oklahoma employers and Oklahoma employees answering some basic questions about the Families First Coronavirus Response Act. A more detailed discussion of the Act is located here.
What is the Families First Coronavirus Response Act? |
The Families First Coronavirus Response Act ( the “Act”) requires certain employers to provide employees with paid sick leave or expanded family and medical leave for specified reasons related to COVID-19. |
Which government agency enforces the Act? |
The Department of Labor. Through its Wage & Hour Division, will administer and enforce the Act. |
When does the Act start, and how long does the Act last? |
The FFCRA’s paid leave provisions are effective on April 1, 2020, and apply to leave taken between April 1, 2020, and December 31, 2020. |
To which businesses does the Act apply? |
Under the Act, “covered employers” are certain public (Government) employers and private employers who employ fewer than 500 people. |
What does the Act require employers to do?
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Provide employees with paid leave along these lines:
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How long is the Act effective? |
The Act becomes effective April 1, 2020, and runs through December 31, 2020. |
What employees are covered by the Act? |
(a) All employees of covered employers are eligible for two weeks of paid sick time for specified reasons related to COVID-19, or (b) Employees employed for at least 30 days are eligible for up to an additional ten weeks of paid family leave to care for a child under certain circumstances related to COVID-19. |
What reasons qualify an employee for leave under the Act? |
Employees qualify for paid sick time if the employee is unable to work (or unable to telework) due to a need for leave because of:
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How much leave does an employee get? |
For reasons 1-4 and 6 above – a full-time employee is eligible for up to 80 hours of leave, and part-time employee is eligible for the number of hours of leave the employee works on average over two weeks. |
How much leave does an employee who is caring for a child receive? |
For reason five above, a full-time employee is eligible for up to 12 weeks of leave (two weeks of paid sick leave followed by up to 10 weeks of paid expanded family & medical leave) at 40 hours a week. A part-time employee is eligible for leave for the number of hours that the employee is typically scheduled to work over that period. |
How does an employer calculate pay? |
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What if complying with the Act’s paid leave requirements would crush my small business and maybe put me out of business? |
There is a small business exemption: To choose the small business exemption, you must document (in writing) why you believe your Oklahoma small business meets the criteria set forth by the Department, which will be addressed in more detail in forthcoming regulations (How about that?!? You are required to comply with regulations that do not exist yet!). |
Do I have to post Notice about the Act at my business? |
Yes. The USDOL has provided mandatory posters regarding employee rights under the Families First Coronavirus Response Ac. All private-sector employers with fewer than 500 employees are required to place the poster in a conspicuous area, which will generally be alongside your other federally mandated employee notices, you can find the post here. Additionally, you can find answers to questions about posting the Notice here. |
The US Department of Labor also has some excellent resources on the Act, including a Q&A, a Fact Sheet for Employers, and a Fact Sheet for Employees.
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