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Emergency Paid Sick Leave Act

Posted by James W. Creenan | Mar 31, 2020 | 0 Comments


The Emergency Paid Sick Leave Act (EPSLA) applies to employees who are unable to
work (or telework) due to one of the following six circumstances:
1. The employee is subject to a Federal, State, or local quarantine or isolation
order related to COVID–19
2. The employee has been advised by a health care provider to self-quarantine
due to concerns related to COVID–19.
3. The employee is experiencing symptoms of COVID–19 and seeking a medical
diagnosis.
4. The employee is caring for an individual who is subject to an order as
described in subparagraph (1) or has been advised as described in paragraph
(2).

5. The employee is caring for a son or daughter of such an employee if the schoolor place of care of the son or daughter has been closed, or the child care provider of such son or daughter is unavailable, due to COVID–19 precautions.

6. The employee is experiencing any other substantially similar condition specified
by the Secretary of Health and Human Services in consultation with the Secretary
of the Treasury and the Secretary of Labor.
Eligible full-time employees are entitled to 80 hours of paid sick leave and eligible parttime
employees are entitled to paid sick leave equal to the average number of hours
worked over a two-week period. The rate of sick pay will be limited to a maximum of $511/
day (and $5110 in the aggregate) for employees who have been personally affected by
COVID-19 (i.e., facing the circumstances (1), (2), or (3) above); and the rate of sick pay
will be limited to a maximum of $200/day (and $2000 in the aggregate) for employees
who are caring for children or another individual afflicted with COVID-19 (e.g., facing
circumstances (4), (5), or (6) above). Note that sick days provided by the EPSLA do not
carry-over to 2021. Employees entitled to sick days under the EPSLA can use these sick
days before using accrued PTO.

About the Author

James W. Creenan

Attorney

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