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