Federal FMLA Public Health Emergency Leave Entitlement

From April 1, 2020 through December 31, 2020, Federal FMLA is expanded to cover absences related to COVID-19 when the employee cannot work or telework because they're caring for a child whose school is closed, or whose care provider is unavailable.

12 weeks of leave for this reason may be available to employees once they have been on the employer's payroll for 30 calendar days. There is no hours worked requirement, and there is no minimum number of employees at the worksite. However, it is only available for employees who work at a company with fewer than 500 employees (across all worksites).

The first two weeks of this leave are unpaid leave. After that, the employer is responsible for paying the employee 2/3 of their regular pay, up to a maximum of $200 per day. If an employee takes all the time available to them under this provision, their aggregate payments would not exceed $10,000.

Leave approved under this provision is considered Federal FMLA. This provision does not grant an additional 12 weeks of time. If an employee has already taken 12 weeks of Federal FMLA for another leave reason, they will not have any time remaining under this provision.

Federal FMLA Public Health Emergency - Absence Specifications