What COVID-19 work-related benefits are available? The paid sick leave and expanded family and medical leave provisions of the FFCRA apply to certain public employers and to private employers with fewer than 500 employees.
The information in this table is for informational purposes only and should not be construed as legal advice. It is meant to give a general picture of benefits available in certain COVID-19 work-related situations. Please note that this is not an exhaustive list of benefits.
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| SCENARIO | FAMILY AND MEDICAL LEAVE ACT | FAMILIES FIRST CORONAVIRUS RESPONSE ACT EMERGENCY FAMILY AND MEDICAL LEAVE EXPANSION | FAMILIES FIRST CORONAVIRUS RESPONSE ACT EMERGENCY PAID SICK LEAVE |
|---|---|---|---|
| Employee is mildly ill with COVID-19 symptoms. | Yes, if illness meets the FMLS definition of “serious health condition.” Employee must work for covered employer and meet eligibility requirements. | NO | Yes, if seeking a medical diagnosis or advised by a health care provider to self-quarantine (up to 80 hours of paid sick time for full-time employees). |
| Employee is severely ill with COVID-19 | Yes, if illness meets the FMLA definition of “serious health condition.” Employee must work for covered employer and meet eligibility requirements. | NO | Yes, if seeking a medical diagnosis or advised by a health care provider to self-quarantine (up to 80 hours of paid sick time for full-time employees). |
| Employee was exposed to COVID-19 and quarantined. The business remains open. | NO | NO | Yes, if subject to a government quarantine or isolation order, or advised by a health care provider to self-quarantine (up to 80 hours of paid sick time for full-time employees). |
| Employee is caring for a sick family member. | Yes, if illness meets the FMLA definition of “serious health condition,” the family member meets the FMLA definition and the employee is working for covered employer and meets the eligibility requirements. | NO | Yes, if the family member is subject to a government quarantine or isolation order, or advised by a health care provider to self-quarantine (up to 80 hours of paid sick time for full-time employees). |
| Schools or day cares are closed or unavailable due to COVID-19, and the employee can’t work because of the need to care for a son or daughter. | NO | Yes, for up to 12 weeks, if no other suitable person is available to care for the child. The first 10 days of leave can be unpaid. | Yes, if no other suitable person is available to care for the child (up to 80 hours of paid sick time for full-time employees). |
| Employee is immunocompromised and advised to self-quarantine. | Maybe, if the employee has a serious health condition under the FMLA. | NO | Yes (up to 80 hours of paid sick time for full-time employees). |
| Employer must shut down due to a quarantine by a public official. | NO | NO | NO |
| Employer shuts down due to a business slowdown or lack of demand. | NO | NO | NO |
| Employer reduces available hours due to a business slowdown or lack of demand. | NO | NO | NO |
Rather, depending on state and local laws, employees may be entitled in certain circumstances to employer-provided benefits for paid sick leave, temporary disability, workers’ compensation and more. Employers should consult with legal counsel for legal advice.
