5. Can the paid sick time under the Act carry over beyond December 31, 2020?

No. The new law provides that the sick time hours are not to be carried forward. The law is unclear as to whether or not the sick time guaranteed is to run 12 months from the date of its passage or through December 31, 2020. We expect future guidance from EEOC will be necessary to clear up this confusion.

6. Can an employer require an employee covered by the Act to use his or her previously accrued PTO or PST prior to using time allocated under the Act?

No. An employer cannot require an employee to use Paid Sick Time or Paid Time Off that accrued prior to the passage of the Act before the employee can draw on the paid sick time authorized by the Act. The employee is able to draw, immediately, on the paid sick time authorized by the Act as of April 2, 2020. 7. Can the employer require an employee to find someone to cover their shift?

Under the Act, and employer cannot require an employee to find a replacement to cover their shift during their paid sick time off period.

8. Are any employees exempt from the Act?

Under the law, an employer of a healthcare provider or an emergency responder may elect to exclude the employee from the paid sick leave requirement.
The Department of Labor also has the authority to issue regulations exempting employers with fewer than 50 employees from the sick leave requirement if that requirement would jeopardize the viability of the business.

9. Is there any notice that is required to be posted?

Yes. The Department of Labor should have a notice template available as of March 25, 2020. Once the notice is published, the employer should post a notice of the Act and its benefits in a conspicuous place in the workplace.

10. Can an employee take time off to care for their child due to a school closure?

Yes. Under the Emergency Family and Medical Leave Expansion Act also signed into law on March 18, 2020, an eligible employee may use up to 12 weeks of job-protected leave to care for their child under 18 years of age if their school or place of care has been closed, or their childcare provider is unavailable, due to a public health emergency. Leave taken in response to a public health emergency is being commonly referred to as “PHEL.”

11. Who is eligible for PHEL?

To be eligible for PHEL, an employee must: 1. Work for an employer with fewer than 500 employees. 2. Have worked for the employer for at least 30 calendar days prior to the leave.

12. What is the pay rate during PHEL?

The first 10 days of PHEL may be unpaid, but the employee may elect to substitute any accrued paid leave, including emergency paid sick leave, during this period. Employees are entitled to paid PHEL after the first 10 days, at a rate of no less than two-thirds their regular rate of pay, up to a maximum of $200 per day.

13. What are the job restoration rights for someone who took time off under PHEL?

At the end of PHEL, the employer must generally return the employee to the same or equivalent position. However, employers with fewer than 25 employees are exempt from this requirement if:
1. The employee's position doesn't exist after PHEL due to economic conditions or other changes in operating conditions that affect employment and were caused by a public health emergency during the period of leave;
2. The employer makes reasonable efforts to restore the employee to a position equivalent to the position the employee held before the leave; and
3. The employer makes reasonable efforts to contact the employee if an equivalent position becomes available within the next year.

14. Are there exceptions to PHEL?

Yes. An employer of a healthcare provider or an emergency responder may elect to exclude the employee from the PHEL requirement.
It should be further noted that the U.S. Department of Labor also has the authority to issue regulations exempting employers with fewer than 50 employees where the requirements would jeopardize the viability of the business.

Any person who has questions about a proper protocol or who needs additional assistance is strongly encouraged to contact legal counsel at any time.

If you have questions about this information, please consult with an attorney