The Act applies to all employees, even those who have been employed for fewer than 30 days. Employees who are health care providers or emergency responders may be excluded by their employer from coverage under the Act.

The first 10 days of the emergency leave may be unpaid. After this initial 10 day period, the remaining 10 weeks of the emergency leave must be paid at a rate of not less than two-thirds of the employee’s regular rate of pay, for the number of hours that the employee would otherwise be scheduled to work.

There are dollar limits to the amount that an employee must be paid under this provision: $200 per day, and $10,000 in the aggregate over the 10-week period.

For employers with 25 or more employees, the FMLA’s usual requirement that an employee must be restored to his or position (or an equivalent position with equivalent pay and benefits) applies to employees returning from leave due to the public health emergency. However, for employers with fewer than 25 employees, the FMLA’s “restoration to position” provision does not apply to an employee returning from public health emergency leave if: (a) the position held by the employee when the leave commenced no longer exists “due to economic conditions or other changes in operating conditions of the employer” caused by the health emergency; (b) the employer makes reasonable efforts to restore the employee to an equivalent position (with equivalent benefits, pay, and terms and conditions) but the reasonable efforts fail; and (c) the employer continues to make reasonable efforts for at least one year to contact the employee if an equivalent position becomes available.

Certain provisions apply to an employer signatory to a multiemployer collective bargaining agreement. A covered employer may fulfill its obligations under the Act by making contributions to the multiemployer fund.

1. The employee is subject to a Federal, State, or local quarantine or isolation order related to COVID-19.
2. The employee has been advised by a health care provider to self-quarantine due to concerns relating to COVID-19.
3. The employee is experiencing symptoms of COVID-19 and is seeking a medical diagnosis.
4. The employee is caring for an individual who is subject to an order as described in subparagraph (1), or who has been advised by a health care provider as described in subparagraph (2).
5. The employee is caring for a son or daughter whose school or place of care has been closed, or whose child care provider is unavailable, due to COVID-19 precautions.
6. The employee is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services in consultation with the Secretary of the Treasury and the Secretary of Labor.

The Act applies to all employees, even those who have been employed for fewer than 30 days. Employees who are health care providers or emergency responders may be excluded by their employer from coverage under the Act.

A full-time employee is entitled to 80 hours of paid sick leave under the Act. A part-time employee is entitled to the number of hours that the employee works, on average, during a two-week period.

The rate of compensation for paid sick leave under the Act is as follows. For employees entitled to paid sick leave pursuant to subparagraphs (1), (2), or (3) above, the employee’s sick leave compensation must be the greater of either (a) the employee’s regular rate of pay; (b) the minimum wage rate in effect under the Fair Labor Standards Act; or (c) the minimum wage rate in effect for the employee in the applicable State or locality. However, when an employee takes sick leave to take care of a family member pursuant to subparagraphs (4), (5), or (6) above, the employee’s required compensation shall be two-thirds of that “greater of” amount.

There are also dollar limits to the amount that an employee must be paid under the Act, depending upon the reason for the leave. If the leave is taken for reasons (1), (2), or (3) above, the paid sick leave is limited to $511 per day and $5,110 in the aggregate over the two-week period. If the leave is taken for reasons (4), (5), or (6) above, the paid sick leave is limited to $200 per day and $2,000 in the aggregate.

An employer may not require an employee to use other types of paid leave provided by the employer before the employee uses the paid sick time to which he or she is entitled under this Act.

It is unlawful for an employer to discharge, discipline, or in any other manner discriminate against an employee who takes leave under this Act.

Failure to pay emergency sick leave as required under the Emergency Paid Sick Leave Act is treated the same as a failure to pay required minimum wages under the Fair Labor Standards Act (“FLSA”), and is subject to the penalties set forth in the FLSA. Similarly, an employer who willfully terminates an employee in violation of the EPSLA shall be considered in violation of the FLSA and shall be subject to penalties.

Employers are required to post a notice that advises employees of their rights under the Act.

• Employee Rights: Paid Sick Leave and Expanded Family and Medical Leave under The Families First Coronavirus Response Act (FFCRA)