Coronavirus Employment Lawyer Virginia
Have you been having employment issues related to COVID-19 (a.k.a. Cornavirus)? If so, you may need a Virginia employment attorney to help you navigate recent changes in federal law. The lawyers at May Law, LLP are here to help you get through Cornavirus related employment issues.
The Families First Coronavirus Response Act (FFCRA) is in effect April 1, 2020 through December 31, 2020. It requires private employers with fewer than 500 employees and certain public employers to provide their employees with paid sick leave and medical leave for certain reasons related to COVID-19. The FFCRA is an expanded protected leave and a new paid sick leave under the Family and Medical Leave Act (FMLA).
In general, the FFCRA provides that employees are eligible for:
- Two weeks (no more than 80 hours) of paid sick leave at the regular rate of pay if the employee is unable to work, including being unable to telework, because the employee is (a) quarantined by a Federal, State, or local isolation order; (b) has been advised by a health care provider to self-quarantine; (c) is experiencing COVID-19 symptoms and is seeking a medical diagnosis;
- Two weeks (no more than 80 hours) of paid sick leave at 2/3 of the regular rate of pay because the employee is unable to work, including being unable to telework, because (a) the employee is caring for an individual who is being quarantined by an order or advice of a health care provider; (b) is experiencing any substantially-similar condition as specified by the U.S. Department of Health and Human Services.
Additionally, the FFCRA states that any employee who has been employed for at least 30 days and is unable to work because they are caring for a child whose school or place of care is closed (or unavailable) due to COVID-19 related reasons, may be eligible for up to 12 weeks of paid extended family and medical leave at 2/3 of the regular rate of pay.
A part-time employee is eligible for leave for the number of hours that the employee is normally scheduled to work over that period, as long as the employee has a qualifying reason for leave.
The FFCRA paid sick leave and expanded family and medical leave provisions apply to private employers with fewer than 500 employees and certain public employers only. Small businesses with fewer than 50 employees may qualify for exemption from the requirement to provide leave due to school closings or childcare unavailability if the leave requirements would jeopardize the possibility of business operation. Most federal employees are not covered by the expanded family and medical leave provisions of the FFCRA, but they are covered by Title II of the FMLA by the paid sick leave provision.
No covered employer may discharge, discriminate, or discipline any employee who takes paid sick leave under the FFCRA and/or files a complaint against the employer under or related to the FFCRA.
If you have a COVID-19 (a.k.a. Coronavirus) related employment matter, whether you are a business or an individual employee, please contact a coronavirus employment lawyer Virginia residents recommend from May Law, LLP for a consultation today!