Emergency FMLA and Paid Sick Leave Chart
Understanding how and when FFCRA leave can be used
| If This Happens | Employee Can Do This | Employer Must Do This | Why |
|---|---|---|---|
| School is closed because of COVID-19 and you need to stay home with your child | If you can’t telecommute, you can stay home for up to 12 weeks | First 10 days are unpaid, but
after that, you need to pay
employees 2/3 of their pay (up
to $200 per day; $10,000 total) Apply paid sick leave for the first 80 hours (up to $200 per day; $10,000 total) |
Emergency FMLA
expansion added a
new qualifying reason
for school closures
Emergency Paid Sick Leave Act, as applied to conditions of others |
| You used part of your FMLA leave earlier this year for other reasons, and now you must stay home with your child because of school closure | If you can’t telecommute, you can stay home for what is left of your 12 weeks | As above, but limited to what is left of the 12 weeks | As above |
| You need to go on medical leave for 3 months due to a nonCOVID-19 illness | You can take normal FMLA leave if you and your employer qualify under the previous FMLA rules | Provide unpaid leave under traditional FMLA rules, and protect the employee’s job for when they return | Doesn’t fall under the new qualifying reasons of the Emergency FMLA Expansion Act |
| You need to care for your elderly mother who is quarantined due to COVID-19 | Claim up to 80 hours of paid sick leave for the hours you are unable to work or telecommute | Pay 2/3 of their pay for the entire period (up to $200 per day; $2,000 total) | Emergency Paid Sick Leave Act, as applied to conditions of others |
| You need to care for a friend or neighbor who is quarantined due to COVID-19 | Claim up to 80 hours of paid sick leave for the hours you are unable to work or telecommute | Pay 2/3 of their pay for the entire period (up to $200 per day; $2,000 total) | Emergency Paid Sick Leave Act, as applied to conditions of others (doesn’t require a family relationship) |
| You have to be quarantined due to having COVID-19 symptoms | Claim up to 80 hours of paid sick leave for the hours you are unable to work or telecommute | Pay regular pay for the entire period (up to $511 per day; $5,110 total) | Emergency Paid Sick Leave Act, as applied to condition of the employee |
| You may have come in contact with COVID-19 and your doctor has told you to selfquarantine | Claim up to 80 hours of paid sick leave for the hours you are unable to work or telecommute | If the employee can telecommute, you don’t need to provide paid sick leave – you will provide regular wages instead. If the employee cannot telecommute, pay regular pay for the entire period (up to $511 per day; $5,110 total) | Emergency Paid Sick Leave Act, as applied to condition of the employee |
| Your state provides additional protections for the above situations | Get Federal and State protections | Meet Federal and State requirements | The more stringent/ protective requirements apply |