Federal Paid Sick Leave

Federal Paid Sick Leave Entitlement

From April 1, 2020 through December 31, 2020, two weeks of paid leave, paid by the employer, are available to some employees who cannot work or telework due to COVID-19.

There are no hours worked or length of service requirements for employees to be eligible, and there is no minimum number of employees at the worksite. However, Federal Paid Sick Leave is only available for employees who work at a company with fewer than 500 employees (across all worksites).

The employer is responsible for paying the employee 100% of their regular pay (up to a maximum of $511 per day and $5,110 in the aggregate) if the employee is unable to work or telework for these reasons:

  • They're subject to a quarantine or isolation order because of COVID-19

  • They have been advised by a healthcare provider to self-quarantine because of COVID-19

  • They are experiencing symptoms of COVID-19 and are seeking a medical diagnosis

The employer is responsible for paying the employee 2/3 of their regular pay (up to a maximum of $200 per day and $2,000 in the aggregate) if the employee is unable to work or telework for these reasons:

  • They're caring for an individual subject or advised to quarantine or self-isolate because of COVID-19

  • They're caring for a child whose school or child care provider is unavailable because of COVID-19

  • They are experiencing "substantially similar conditions" as may be specified by the Dept of Health and Human Services

Federal FMLA Public Health Emergency - Absence Specifications

Concurrency

  • May run concurrently with state leaves, if states pass similar leaves. Intended to run concurrently with Federal FMLA Public Health Emergency leave, when the employee is unable to work or telework because they're caring for a child whose school or childcare provider is unavailable.

Amount of leave provided

  • 12 weeks

Intake Trigger

  • Public Health Emergency

Eligibility requirements

  • Employer has <500 employees

Notes:

Effective April 1, 2020; sunsets December 31, 2020

Calendar type

Same as Federal FMLA