The Family and Medical Leave Act (FMLA) requires local and state government employers and some private employers to grant 12 weeks of FMLA-protected leave for certain family and medical reasons, including those related to work absences due to COVID-19.
As of April 1, 2020, emergency FMLA leave exists, which is granted if you work for an employer with fewer than 500 employees, and you cannot go to work because you need to stay home to care for your children whose school is closed due to the pandemic.
For this, you must have worked for your employer for at least 30 calendar days. You do not need to pay for the first ten days of emergency FMLA leave, but you can use any paid leave you have already earned or paid emergency sick leave. Your employer cannot force you to use other forms of paid time off.
During the 10 weeks of emergency FMLA leave, the employer must pay two-thirds of the employee's regular salary according to corresponding work hours, up to a maximum of $200 dollars per day or a total of $10,000 dollars.
That is, if you normally earn $10 dollars per hour, work 40 hours a week and earn $400 dollars a week, your salary during this FMLA emergency leave is $266.67 dollars.
If you have partial custody, or your child's daycare is partially closed, you can take emergency FMLA leave only for the days or hours you are caring for your child, while working the other days, if your employer agrees. The total amount of leave you can still add is up to 12 weeks.
If your child is over 18 years old, but has a disability and cannot care for themselves, and your regular care provider is not available due to coronavirus, you can take emergency FMLA leave to care for them. In the case that the minor you care for is not your biological child, but you are their legal guardian, you can take FMLA emergency leave. If you usually act as a parent, you can also take emergency leave to care for the minor, for example, your grandchildren or siblings who have lived with you in recent years, if you provide their clothing and food.
In the case of employers with fewer than 50 employees, they can request an exception and ask the government to waive the requirement to provide emergency FMLA leave for legitimate reasons.
If you work for a healthcare provider or perform emergency services, your employer may decide not to grant this leave.
You should note that the new assessment law allows insured companies that voluntarily provide paid time off to receive tax credits before March 31, 2021, but companies do not require paid sick leave as of December 31, 2020.
You can ask your employer if you can take leave to ensure you take leave from January 1, 2021 to March 31, 2021 for legitimate reasons.
In the case of regular FMLA Leave, it is a type of vacation, not just for reasons related to the pandemic. It applies to all public employers and private employers with more than 50 employees.
To clarify any questions, contact us by calling 1800 201 1220 or write to us via WhatsApp, at Conexión Legal we can provide you with free consultation and subsequently connect you with a labor attorney expert in labor laws and familiar with emergency issues who can provide you with legal support and help ensure your rights are respected.
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