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What is Emergency Paid Sick Leave Act (EPSLA)

The COVID-19 pandemic has presented workers and businesses with hitherto unheard-of difficulties. Many workers have been ill, quarantined, or have caregiving responsibilities as the virus spreads, as well as struggling to make ends meet. To help alleviate some of the mental and financial burdens of these challenges, the US government has passed several laws aimed at providing support for affected workers. One of these laws is the Emergency Paid Sick Leave Act (EPSLA), passed in march 2020, as part of the Families First Coronavirus Response Act (FFCRA).

In accordance with the EPSLA, workers who cannot work due to COVID-19-related reasons, such as illness, quarantine, or caring for a family member, are entitled to paid sick leave. Its intended purpose is to help workers stay home and prevent the spread of the virus, while also ensuring they have access to financial support. While the EPSLA may seem straightforward, it can be challenging to navigate for both employees and employers.

Under the EPSLA, employers with fewer than 500 employees and certain public sector employers must provide up to two weeks (80 hours) of paid sick leave to employees who are unable to work or telework for specific COVID-19-related reasons.

The EPSLA provides for paid sick leave for the following reasons:

1. An order of quarantine or isolation relating to COVID-19 may be in place for this employee on a federal, state, or local level;

2. A healthcare provider has advised the employee to self-quarantine due to concerns about COVID-19;

3. The employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis;

4. When an employee is caring for an individual under a quarantine or isolation order relating to COVID-19 or has been advised to self-quarantine because of concerns;

5. The employee is caring for a child whose school or place of care has been closed, or whose childcare provider is unavailable, due to COVID-19 precautions; or

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.

7. As part of the EPSLA, employees are entitled to paid sick leave (up to certain caps) for qualifying reasons related to COVID-19. In the event that an employee takes EPSLA leave for the reasons 1-3 above, they are entitled to their regular pay, up to a maximum payment of $511 per day and $5,110 in the aggregate. In the case of reasons 4-6, employees are entitled to two-thirds of their regular rate of pay, up to a maximum of $200 per day and $2,000 per year.

It’s important to note that the EPSLA is in addition to any paid sick leave or other leave that an employer may already provide. In addition, employers are not required to provide employees with other paid leave before providing them with EPSLA leave, and employees are not required to use EPSLA leave before taking any other leave.

The EPSLA expired on December 31 2020, but it was extended through March 31 2021. However, employers may still be required to provide paid sick leave under certain state and local laws or under the federal Families First Coronavirus Response Act, which provides tax credits to certain employers who voluntarily provide paid leave to employees for COVID-19-related reasons.

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Final words

As EPSLA is not available now, employees can use another form of paid leaves provided by their state and employer, and can also use unpaid leave policies for family emergencies like the Family and Medical Leave Act (FMLA), through which employees can get up to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons. If you want to learn more about the FMLA compliance checklist for 2023, then check out Compliance Prime’s website.

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