Covid-19 pandemic has changed everything and employee attendance is no exception. It has completely changed the current working conditions of businesses and has resulted in an entirely new system of employee leave calculation and attendance. After Covid-19 spread in the U.S., the new Families First Coronavirus Relief Act (FFCRA) for calculating employees’ leave during the pandemic came into being. The act includes two more acts Emergency Family and Medical Leave Expansion Act and Emergency Paid Sick Leave Act. Both the components of FFCRA provides job protection and income replacement for certain pandemic related events. They cover old FMLA and also circumstances that are beyond FMLA laws. 

Laws That Cover The Employer

The size of the organization of the employer determines which law shall be applicable to him. Traditional FMLA does not apply to employers with less than 50 employees, however, FFCRA applies to them. Also, FMLA applies to employers who have 500 employees or more but not FFCRA. FMLA and FFCRA apply where employers who have employed more than 50 employees but less than 500.  

Employees and their Leaves?

In FMLA no leave is granted to employees, if:

• They have not worked for 12 months or more with the employer,
• They have not worked for at least 1250 hours in the past 12 months,
• Not working at a worksite with 50 or more people within 75-miles radius. 

The FFCRA’s Emergency Paid Sick Leave Act is applicable to all the employees irrespective of the length of service they have served to their employer.

The FCCRA’s Emergency Family And Medical Leave Expansion Act is applicable to the employees who have worked for at least 30 days.

Reasons for Taking Leave

If for an employee the reason for leave is Covid-19 along with other reason that qualifies for old FMLA leave then the employer must follow traditional FMLA documentation procedure. They must count the time against their 12 weeks entitlement for the leave and compute the leave accordingly. If the reason for leave is purely Covid-19 then the FFCRA implies. Under FFCRA an employee qualifies for the paid sick leave if he is unable to work due to the following reasons:

• He/she has to stay in quarantine or isolation as per the state, federal or local order related to Covid-19.
• A health care advisor has advised him to stay in quarantine due to Covid-19 reasons.
• He/she has certain Coronavirus symptoms and needs a medical diagnosis.
• He/she is caring for an individual who has been quarantined due to order passed by federal, state, or local or by a health care advisor.
• He/she is taking care of kids whose school and place of care such as daycare is closed due to the Covid-19 pandemic.
• He/she is experiencing certain health-related issues that are similar to Covid-19. 

For the fair application of the acts, employers must maintain proper records and note the various leaves and absents of each employee separately. He should specifically and clearly mention the type of leave, cause of leave, and a number of days of leave.