Employers: FMLA Rules and Paid Sick Leave Legal Answers

What you’ll discover:

What exactly is FMLA?
What changes have occurred as a consequence of the coronavirus epidemic in FMLA/paid leave law?
Is it my responsibility to compensate workers who miss work due to illness?
What is the difference between PTO and sick time?
Is it mandatory for me to provide paid sick leave?
How much sick time am I legally obligated to provide?
Consult a lawyer.

The Family and Medical Leave Act (FMLA), enacted in 1993, is intended to safeguard workers by assisting them in balancing their job commitments with family obligations connected to medical concerns. If you are an employer subject to the FMLA, it is critical that you understand your legal duties as well as your workers’ rights.

In response to the coronavirus crisis, the federal government, as well as several states and municipalities, are implementing extra emergency measures, including temporary revisions to the legislation. Speak with a lawyer for the most up-to-date advice on your company or employment practices.

What exactly is FMLA?

Outside of public health crises, the FMLA mandates covered companies to give up to 12 weeks of unpaid leave per year to workers, as well as to ensure that employer-sponsored group health benefits are maintained throughout such leave. Employees are also protected by the FMLA by assuring that taking covered time off will not jeopardize their job.

What changes have occurred as a consequence of the coronavirus epidemic in FMLA/paid leave law?

The Families First Coronavirus Response Act becomes law on March 18, 2020. It provides the following safeguards:

Employees who are ordered to quarantine by a doctor or by a federal, state, or municipal regulation are entitled to two weeks of paid sick leave. Employees with COVID-19 symptoms who are seeking a diagnosis or those caring for someone who has been diagnosed may also take use of this leave. Self-imposed social isolation is not covered unless mandated by a court of law or a medical expert. Nonetheless, this leave does apply to parents who are unable to work due to their children’s school closures.
Public-health emergency FMLA leave is offered to parents who are unable to work (or telecommute) because their minor kid’s school is closed or their child care provider is unavailable due to a COVID-19-related public health emergency. In most circumstances, this leave provides 12 weeks of job protection and is partly compensated after two weeks unpaid; however, small firms are exempt.

When it comes to emergency FMLA leave, practically all employers with less than 500 workers are expected to comply; but, small firms with fewer than 50 employees may be able to obtain an exemption if the requirement would cause the company financial hardship. Therefore, small enterprises with less than 25 workers may not be required to provide job security. Certain emergency responders and health care employees are also exempt.

Employers with less than 500 workers, on the other hand, must provide emergency paid sick leave regardless of tenure. These emergency measures will go into effect on April 1, 2020, and will last until December 31, 2020. Employers must comply within 15 days of the legislation being effective. Tax breaks will also be available.

The criteria for calculating benefits and providing job protection are complicated, so it is preferable to consult with a lawyer if you have issues regarding FMLA compliance as an employer.

Is it my responsibility to compensate workers who miss work due to illness?

Employers must give paid sick leave to workers in some states and municipalities. Outside of the emergency COVID-19 limits stated above, however, the FMLA typically only mandates employers to provide workers with up to 12 weeks of unpaid time off without the fear of losing their job.

Employers may compel workers to utilize available sick time or vacation days to cover part or all of their FMLA absence in certain instances. This is subject to the employer’s paid time off policy. If your workers have earned paid time off, the law enables them to utilize these hours to supplement their income while they are away from work.

What is the difference between PTO and sick time?

Paid sick leave gives workers paid time off for sickness or injuries. Paid time off (PTO) rules, on the other hand, allow workers to take time off for any reason, including vacation, sickness, or personal leave. Businesses that provide PTO to their workers often do not provide separate sick time benefits since PTO includes sick leave.

Businesses considering whether to provide separate vacation and sick leave or PTO should evaluate the state law implications of both systems. Employers must compensate terminated workers for any accumulated but unused PTO or vacation time in several states, but not sick time. Whatever you decide, it might be beneficial to record your time off/sick leave policy in an Employee Handbook.

Is it mandatory for me to provide paid sick leave?

As of March 19, 2020, 13 states and the District of Columbia have legislation in effect mandating insured firms to offer employees with paid sick leave. If you have workers in Arizona, California, Connecticut, Maryland, Massachusetts, Michigan, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont, or Washington, you should be aware of the laws in your state.

As a consequence of the coronavirus epidemic, you may be compelled by federal law to provide paid sick leave as well. A local attorney can clarify which laws relate to your company.

How much sick time am I legally obligated to provide?

In addition to emergency federal restrictions, if your state has mandated sick leave for employers and your organization fulfills the criteria of a covered employer under state law, you should be aware of your legal obligations. Minimum paid sick leave regulations vary by state.

Employers in certain states are required to provide at least one hour of paid sick leave for every 30 hours worked; in others, the standard is one hour for every 35 or 40 hours worked. Employers in Vermont must offer one hour of paid leave for every 52 hours worked, whereas companies in the District of Columbia must give one hour for every 87 hours worked.

Consult a lawyer.

Employers of all sizes must understand their duties under the FMLA and state-specific legislation governing time off. An employment lawyer can assist you in ensuring that your company’s policies and processes meet all legal regulations.