I am on leave due to no schooling for kids under the COVID-19 act. Do I have to go back to work if my kids are still out of school?
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Every employee and employer situation is different, so it is best to talk to your company directly about your leave to see what you are eligible for. With that said, here’s a breakdown of what’s included in the Families First Coronavirus Response Act (FFCRA), which offers paid employee leave and other provisions.
First thing: This act pertains to businesses with 500 employees or less. If your company has less than 50 employees, it may be able to apply for an exemption, according to the U.S. Department of Labor.
Under the FFCRA, businesses with less than 500 employees are required to provide employees with 10 weeks of paid FMLA. The first 2 weeks (10 days) of the normal 12-week FMLA may be unpaid. You can use sick, vacation, or PTO during this leave.
After the 2 weeks, employers must pay eligible employees no less than two-thirds of their regular pay rate for hours normally worked, capped at $200 per day or $10,000 total.
Paid FMLA is available to employees who have been employed for at least 30 days and must care for children whose school has closed due to coronavirus. The employee must not be able to work (even remotely) while caring for children.
You can read more about the legislation here: https://www.zenefits.com/workest/what-smbs-need-to-know-about-the-families-first-coronavirus-response-act/
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