Because your employee works an irregular schedule, this is equal to the average number of hours each day that he or she was scheduled to work over the period of employment, up to the last six months. What six-month period is used to calculate the regular rate under the FFCRA when, for example, my employee takes paid sick leave, gets better, and then one week (or one month or three months) later, takes expanded family and medical leave? How do I know whether I have been employed for at least 30 calendar days by the employer for purposes of expanded family and medical leave? SeeQuestions 56-57below. Am I still entitled to take paid sick or expanded family and medical leave after December 31, 2020? No. It also provided up to 12 weeks of family and medical leave by making amendments to the Family and Medical Leave Act (FMLA). For example, if you agree on a 90-minute increment, you could telework from 1:00 PM to 2:30 PM, take leave from 2:30 PM to 4:00 PM, and then return to teleworking. If my employer refuses to provide paid sick leave or refuses to compensate me for taking paid sick leave, and the Department brings an enforcement action on my behalf, am I entitled to recover just the federal minimum wage of $7.25 per hour of leave, or can I recover the entire amount due under the FFCRA? The Department encourages employers and employees to collaborate to achieve flexibility and meet mutual needs, and the Department is supportive of such voluntary arrangements that combine telework and intermittent leave. [] If my employer is open. It is the second package enacted by Congress in response to the COVID-19 (coronavirus) outbreak. If this is the case, you will be paid less than 100%. Because this is an additional cost for small businesses, exemptions and tax . I am a public sector employee. To determine whether the second employer exercises such control, the Department of Labor would consider whether it exercises the power to hire or fire you, supervises and controls your schedule or conditions of employment, determines your rate and method of pay, and maintains your employment records. The number of hours per workday is computed by dividing 1,200 hours by the 130 workdays, which is 9.2 hours per workday. For additional information on requirements relating to an adult son or daughter, see Fact Sheet #28K and/or call our toll free information and help line available 8 am5 pm in your time zone, 1-866-4US-WAGE (1-866-487-9243). If during the past six months, you paid your employee exclusively through a fixed hourly wage or a salary equivalent, the average regular rate would simply equal the hourly wage or the hourly-equivalent of their salary. If I am employed by a temporary placement agency that has over 500 employees and am placed at a second business that has fewer than 500 employees, how does the leave requirement work? Paid sick leave under the Emergency Paid Sick Leave Act is in addition to other leave provided under Federal, State, or local law; an applicable collective bargaining agreement; or your employers existing company policy. It depends on whether your leave of absence is voluntary or mandatory. See, Second, you must compute the number of hours the employee actually worked for each full workweek during the six-month period. The only type of family and medical leave that is paid leave is expanded family and medical leave under the Emergency Family and Medical Leave Expansion Act when such leave exceeds ten days. How do I compute my employees average regular rate for the purpose of the FFCRA? The estimate must be based on the average number of hours your employee was scheduled to work per calendar day (not workday) over the six-month period ending on the first day of paid sick leave. Are one or both entities required to provide me leave? But in no event may your total paid sick leave exceed two weeks. The statute of limitations for both the paid sick leave and expanded family and medical leave provisions of the FFCRA is two years from the date of the alleged violation (or three years in cases involving alleged willful violations). Of course, to the extent you are able to telework while caring for your child, paid sick leave and expanded family and medical leave is not available. If I am or become unable to telework. Telework is work for which normal wages must be paid and is not compensated under the paid leave provisions of the FFCRA. Yes. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. Below is a list of DOP developed and curated resources regarding expanded leave rights and other HR related COVID exceptions for those working in DOP covered agencies. /*-->