Emergency Coronavirus Bill Signed into Law

This post was originally published as a guest post in Mary Key’s Key Associate’s forum.

On March 18, 2020 President Trump signed US House of Representatives’ Families First Coronavirus Response Act (H.R. 6201).  

The bill applies to employers with fewer than 500 employees. The following is a summary of some of the highlights that will affect these employers:

• 12 weeks of job-protected paid FMLA for Employees who have worked for the Employer for at 30 days. 

  • Employees may elect to use accrued PTO during the first 10 days.

  • Employees may use the leave to care for a child under 18 whose school or daycare has been closed as a result of COVID-19.

  • Following the first 10 days of leave, employers must compensate employees by at least 2/3 of the employees’ regular rate of pay with a $200 per day cap and $10,000 aggregate.

• Emergency Paid Sick Leave 

  • Employers must provide full time employees with 80 hours of paid sick leave for circumstances related to COVID 19.

    • Part time employees are entitled to the number of paid sick time equal to the number of hours they work over an average 2-week period calculated from a 6 month look back.

  • Paid sick time must be at the regular rate of pay with a cap of 

    • $511 per day per employee and $5,110 max if the employee has COVID-19.

    • $200 per day per employee and $2,000 max if the employee is caring from children under 18 whose school or daycare has been closed

• Employers must post notices of Employee’s leave rights.

• These provisions will be effective on April 1, 2020 and expire December 31, 2020.

To alleviate some of the financial burden, the bill provides for a limited refundable employment tax credit equal to the amount that an employer pays to an employee under this provision, i.e., up to $511, or $200 respectively, to a maximum of ten days per employee for the year.

As you face the day to day questions of balancing business concerns, the law, and health and safety, the firm is here to assist in any way we can: tcremer@barbascremer.com. 

Is My Business Essential? Staying in Business During COVID-19 Shutdown Orders

Over the last 2 weeks, clients have had the Firm review numerous local and state shutdown orders (also referred to as stay at home orders in some areas) outlining which businesses and employees can report to work, and those that must shut down.  Each Executive Order differs as state and local governments independently define what they consider essential business.

For example, on March 26, 2020, Hillsborough County Florida issued it’s Safer-At-Home Order (“Safer At Home”) to go into effect at 10:00 p.m. on March 27, 2020. Like many orders, Safer At Home does not list an end date and will be ongoing until the County rescinds it.

Safer At Home allows Hillsborough County residents to continue to engage in essential activities and non-essential activities if social distancing and other CDC recommendations are met.

Safer At Home lists 42 broadly stated essential individuals, businesses, and services that may continue to operate provided they have implemented social distancing and other Florida Department of Health guidelines.

Businesses which are not described in Safer At Home, and which are unable to maintain six feet of distance between employees and/or customers must close.

Employers who operate or have employees residing in areas where Safer At Home or a similar shutdown order apply should:

• Assess whether you may remain open as an essential business per the guidelines in your local and state executive orders.

• If you qualify as an essential business, provide your employees with written notification alerting them that you are remaining open, and a formal letter that they can provide authorities if questioned on the drive to/from work.

• Evaluate what business practices should be modified and implemented to follow CDC and other health guidelines and minimize liability from employees and customers.

If you need assistance with any of the above, the Firm is here to assist in any way we can.