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UPDATE: THE FAMILIES FIRST CORONAVIRUS RESPONSE IS NOW LAW Yesterday, President Trump signed into law "The Families First Coronavirus Response Act." The Act provides a number of measures meant to ease the burden on individuals resulting from the COVID-19 pandemic, including employees impacted by COVID-19 at their jobs. Specifically, the Act provides for free COVID-19 testing, expanded funding for food security programs, increased funding for Medicaid and state unemployment insurance, and paid sick and family leave for individuals that work at companies with 500 or fewer employees. This update focuses on the Act's provisions relating to paid sick and family leave and the implications for employers. The Act imposes certain paid leave requirements on employers in an attempt to replace a significant share of lost wages for employees who are forced to take leave as a result of COVID-19-related illnesses, quarantine or caregiving responsibilities. Noteworthy provisions of the paid leave portions of the Act are as follows: PAID SICK LEAVE
It should also be noted that the Department of Labor has the authority to exempt small businesses with fewer than 50 employees from the paid sick-leave requirements when the imposition of the requirements would "jeopardize the viability of the business as a going concern." It also has the authority to exempt health care providers and emergency responders. PAID FAMILY LEAVE
The Act indicates it will become effective no later than 15 days after it is enacted, which is April 2, 2020. The Department of Labor is required under the Act to issue a Model Notice within seven days, and Guidelines, within 15 days, of the enactment of the Act. Goldberg Kohn will issue an updated client alert when we learn more from the Department of Labor. The above is only a highlight of certain provisions contained in the Act, and the law is complex. If you have specific questions about the Act, or any other employment-related questions about COVID-19 and its impact on your business, please contact a Goldberg Kohn Labor and Employment attorney. |
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