LAW FIRM POLICIES - COVID
- Do not mail or drop off any documents at the office - Fax, email, scan, or share via the cloud (Such as Dropbox, Google Drive, etc.)
- In-person meetings and office hours - Until further notice we will conduct all interviews and meetings over the phone or video conferencing.
- Mandatory Office or in-person Meetings - Mask are required and we will practice social distancing plus all individuals must wash hands.
- AN Law Firm, P.A. has made contingency plans in case of emergency to make sure your case will be handled properly.
EMERGENCY PAID SICK LEAVE
Which companies are covered and need to provide Emergency Paid Sick Leave?
- Any company or employee working for an employer with less than 500 employees plus all employees working for a public agency.
Who is covered and which employees will be eligible for Emergency Paid Sick Leave?
All employees are immediately covered regardless of the length of employment and who can’t work at their office nor telework due to:
- Subject to Quarantine or isolation order
- Advised by a health care provider to self-quarantine
- Employees who are experiencing symptoms of coronaviruses and are seeking a medical diagnosis
- Employees caring for an individual that is subject to quarantine or isolation order or have been advised by a health care provider to self-quarantine
- Employees caring for a child whose school or place of care is closed or no longer available due to coronavirus
- Employees suffering substantially similar conditions by health and human services in consultation with the Department of Labor and the Treasury Department
How much do employers need to pay employees for Emergency Paid Sick Leave?
If you’re a full-time employee:
- Up to 80 hours at the regular rate of pay if the employee is qualified due to reasons A, B, or C listed above.
- Paid at 2/3 regular rate if the employee is qualified due to reason D, E, or F listed above.
- The rate of pay is based on an average of 2 weeks.
- Your regular wages but capped at $511 per day or $5,110 in total if the employee is qualified due to reasons A, B, or C listed above.
- Your regular wages but capped at $200 per day or $2,000 in total if the employee is qualified due to reasons D, E, or F listed above.
How to Coordinate Paid Medical Leave?
- Employers must allow employees to use paid medical leave first and after the employee can use any other paid leave benefits the company already offers.
- The Employer can’t force employees to use PTO first.
Can Employers retaliate against an employee?
- No, employers not allowed to retaliate against employees for request paid medical leave under the new law.
EMERGENCY CORONAVIRUS FAMILY AND MEDICAL LEAVE ACT (FMLA) –
Which companies are covered and need to provide emergency coronavirus FMLA leave?
Private Employers
- § With less than 500 employees.
- § If the employer has less than 50 employees, the company can file for an exemption “when the imposition of such requirements would jeopardize the viability of the business.”
- All are Automatic Covered and required to provide emergency coronavirus FMLA leave.
Which employees are eligible for emergency coronavirus FMLA leave?
- Part-Time or Full-Time employees that have worked for at least 30 calendar days with the company.
What are the reasons that allow an employee to take emergency coronavirus FMLA leave?
- Employees are unable to work or telework to care for a child if the school or childcare has been rendered unavailable because of a public health emergency.
What Benefits are employees entitled to under emergency coronavirus FMLA leave?
- 12 weeks off for Public Health Emergency
- The first 10 days are unpaid leave, but an employee can still use PTO for the first 10 days to get payments.
- After the first 10 days, employees are entitled to paid leave of 2/3 the regular pay rate but it the pay is capped up to $200 per day.
- Restoration of same or equivalent position – UNLESS – if the employer has less than 25 employees and if the position does not exist when the employee returns to work there would be no need to restore the position.
Reimbursements to Employers!
- Employers are eligible for reimbursement in the form of tax credits from the government if they provide emergency coronavirus FMLA leave.
- § Companies will be reimbursed up to $511 per employee per day.
- § For paid sick leave wages provided to employees caring for loved ones, employers will be reimbursed up to $200 per worker per day.
- § Self-employed individuals are also eligible for the reimbursable tax credits.
UPDATES:
Please contact an employment lawyer to discuss if your case qualifies for medical leave or if your medical leave is denied or if you have been retaliated against or terminated due to your request for medical leave. You must try and document your request for medical leave in writing and with proof such as doctor notes, diagnosis, documents showing closing of schools and daycares, etc.
Update 04-03-2020 - Anyone arrested for violating isolation orders will be held without bond.
Update 04-01-2020 - Florida Governor Ron DeSantis issues Stay At Home order taking effect midnight April 2nd, 2020 and will last for 30 days. Exception for Essential Services and Activities.
Update 03-22-2020 -To take immediate advantage of the paid leave credits, businesses can retain and access funds that they would otherwise pay to the IRS in payroll taxes. If those amounts are not sufficient to cover the cost of paid leave, employers can seek an expedited advance from the IRS by submitting a streamlined claim form that will be released next week. The Department of Labor will release “simple and clear” criteria for businesses with fewer than 50 employees to apply for exemptions from the leave provisions related to school and childcare closures, and there will be a 30-day non-enforcement period for businesses making a reasonable effort.