Q & A - Over 50 Employees? How the FFCRA and FMLA Work Together

If you have over 50 employees, and are currently complying with the FMLA, this blog is for you.  The Department of Labor has provided guidance below on how FMLA and FFCRA work together, and not separately.

Do I qualify for leave for a COVID-19 related reason even if I have already used some or all of my leave under the Family and Medical Leave Act (FMLA)?

 

If you are an eligible employee, you are entitled to paid sick leave under the Emergency Paid Sick Leave Act regardless of how much leave you have taken under the FMLA.

However, if your employer was covered by the FMLA prior to April 1, 2020, your eligibility for expanded family and medical leave depends on how much leave you have already taken during the 12-month period that your employer uses for FMLA leave. You may take a total of 12 workweeks for FMLA or expanded family and medical leave reasons during a 12-month period. If you have taken some, but not all, 12 workweeks of your leave under FMLA during the current 12-month period determined by your employer, you may take the remaining portion of leave available. If you have already taken 12 workweeks of FMLA leave during this 12-month period, you may not take additional expanded family and medical leave. 

For example, assume you are eligible for preexisting FMLA leave and took two weeks of such leave in January 2020 to undergo and recover from a surgical procedure. You therefore have 10 weeks of FMLA leave remaining. Because expanded family and medical leave is a type of FMLA leave, you would be entitled to take up to 10 weeks of expanded family and medical leave, rather than 12 weeks. And any expanded family and medical leave you take would count against your entitlement to preexisting FMLA leave.

If your employer only became covered under the FMLA on April 1, 2020, this analysis does not apply.

Questions?  Concerns?  Call HR Partners at 785-233-7860.

Honoring our Veterans

As part of our ongoing support of the Topeka Community, we would like to take this opportunity to shine a spotlight on Channel 27 News and their weekly Veteran Salute segment. 

This week, Channel 27 highlighted John Dietrick's service in Vietnam. To read the full article or watch the full interview, click on the image below or click here. 

We are thankful to John, and all our Veterans, for their service! 

 

Screenshot 8

 

HR Advisor Newsletter

What our clients say...

Beachner Grain, Inc.

   Seth Born
   Comptroller/HR
   Beachner Grain, Inc.
 

“We began working with HR Partners to help us fill an important position in our organization.  They offered some new and effective methods for helping us advertise the open position and were instrumental in assisting us with following up on potential candidates.

Since that initial engagement, we’ve utilized the expertise of HR Partners for a wide range of human resources services, from staffing assistance to general HR management advice.  Their entire staff has been exceptional.  They are professional, knowledgeable, responsive, and enjoyable to work with.   We are very happy with their service and intend to continue to rely on them as a trusted business partner.”