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Tip Tuesday: Understanding the Families First Coronavirus Act

June 2, 2020

As F&H Solutions Group administers Family and Medical Leave Act (FMLA) for many companies, we continue to get questions on implementing the Families First Coronavirus Act (FFCRA):

Headcount

  • If your headcount dips below 500 employees between April 1, 2020, and December 31, 2020, for any reason (including layoffs or furloughs), you will be subject to FFCRA.
  • Count employee population on date employee requests leave. Include:
    • US employees only
    • Full-time and part-time
    • Employees on leave

Eligibility for Emergency FMLA Leave

  • All employers with fewer than 500 employees are eligible for emergency FMLA Leave
  • Any employee who has worked for at least 30 calendar days is eligible
  • FFCRA eliminated hours-of-service requirement for COVID-19 issues
  • FFCRA eliminated minimum employee count per worksite for COVID-19 issues
  • Job restoration under the FMLA required for employers with 25 or more employees

FMLA Leave Payment

  • First 10 days unpaid
  • Subsequent leave is paid at minimum 2/3 rate, number of hours normally worked
  • Cap: $200/day, $10,000 total