The Family and Medical Leave Act has put a temporary hold on the current federal legislation due to the Coronavirus outbreak. This leave is calculated based on the hours an employee is normally scheduled to work. The amount cannot be more than 60 percent of the normal rate of pay. This amount cannot exceed $200 a day, or $10,000 in total. If the employee is: Subject by the federal, state, or county laws on self-quarantining; has been advised by a healthcare professional to self-quarantine; or experiencing symptoms or has contracted the COVID-19 virus.
Employees are entitled to $511 a day and $5,110 in paid sick leave. If the employee is using the sick leave to care for an individual who needs to self-isolate or quarantine, they are entitled to $200 a day and $2,000 in total. My Case Helper will continue to post any updates regarding sick leave and current federal legislations. To find out more and get legal employment advice, call one of our Premier Partners at 1 (844) 980-1574.
What is Sick Leave?
Sick leave refers to paid sick days off of work. Workers can apply for sick leave through their employer. Currently, there is no federal law that requires employers to have sick leave.
The Family and Medical Leave Act (FMLA) requires that companies with over 50 employees must have up to 12 weeks of unpaid leave. Employees must have worked a minimum of 12 and 1,250 hours for the company to qualify for this program.
This time can be used to recover from an illness, or to care for an ill family member. This still leaves many part-time workers, contractors, and those with multiple jobs unprotected.
States With Sick Leave
Many states have attempted to pass paid sick leave laws, but have since denied those legislations and bills. The following 10 states do have sick leave:
- District of Columbia
- Rhode Island
These states require employers to provide some form of sick leave. Both California and Washington have state-provided sick and parental leave for workers. Be sure to check your state’s laws on sick leave, as some states have minimum employee requirements to provide sick leave.
Going to Work Sick
Although the Centers for Disease Control (CDC) asks workers and children to stay home if they are sick to prevent the spread of any illnesses. The Food and Drug Administration (FDA) also requires that any workers with non-viral illnesses refrain from working until symptoms have subsided. However, 68 percent of workers still go to work sick because they cannot afford to lose pay, therefore putting other workers at risk at contracting an illness.
Research shows that children recover faster when a parent is available to care for them. Other research shows that parents are more likely to take time off to care for their children if they do have access to paid sick leave. However, only about 50 percent of parents have access to sick leave, leaving many children to take longer to recover from an illness, or send children to school ill and possibly contagious.
Having paid sick leave will not only prevent the spread of any illnesses and diseases, but will also ensure that employees are at their most productive, especially in high-risk occupations such as construction or healthcare.
Take Legal Action
Check your state laws on what employers are responsible for. If you work for a company that meets the Family and Medical Leave Act requirements, call an employment lawyer to know what kind of options you have.