Am interesting piece of information. This was pointed out to me by my payroll company, which factored into my decision to lay off 1/3 of my staff today.
If someone on your payroll has a qualifying Covid19 event that prevents them from working, the business must pay their wages, up to I think $530 a week, until they return. It's about 1/2 of that if they have to care for someone impacted. (You can seek a waiver, but must pay while that is pending.)
Speak with your payroll people.
The Emergency Paid Sick Leave Act requires employers (with less than 500 employees) to pay employees their regular rate of pay, up to $511 per day, for a total of 80 hours for full time employees. This only applies if the employee is unable to work or telework as a result of personally be affected by COVID-19 (including being unable to go to work due to a governmental quarantine or isolation order).
If an employee is unable to work or telework due to caring for family member suffering from COVID-19 or because of lack of child care while schools are shut down, the employee is still eligible for paid leave, but at a lower maximum rate of $200 per day. Again, for full-time employers, this leave is limited to 80 hours.
Leave under the Emergency Paid Sick Leave Act is in addition to any sick leave or PTO currently offered by the employer. Also, it must be exhausted before the normal PTO is used.
In addition, the Families First Coronavirus Response Act also included the Emergency Family and Medical Leave Expansion Act. Unlike the Sick Leave Act, employees do not automatically qualify. If they do qualify, parents can use the EFMLA when unable to work or telework to care for a minor child, without access to their normal child care because of COVID-19.
The first two weeks of leave under the EFMLA is unpaid. Employees can use PTO during this unpaid period. For instance, an employee could use the leave under the Emergency Paid Sick Leave Act. Hmmm . . . it is almost like the two paid leaves were meant to be used in conjunction with each other.
After the two weeks of unpaid leave are done, the employee can receive 10 weeks of paid leave under the EFMLA. AT that point, the employee is paid 2/3 of his or her average rate of pay, up to $200 per day.
The Department of Labor is in the process of crafting regulations for employers of less than 50 employees in which they could be exempt from the two laws if the paid leave "would jeopardize the viability of the business as a going concern."
The laws are not currently in effect. They will become effective no later than April 2nd (it could be earlier). So, the paid leave does not need to be currently offered . . . yet.