The Families 第一个 Coronavirus Relief Act (FFCRA) made substantial tax subsidies available to eligible employers, so they can provide paid sick leave 和 Family 和 Medical Leave Act (FMLA) leave for certain employees impacted by the 新型冠状病毒肺炎 p和emic.
符合条件的雇主是那些雇员少于500人的雇主. An employer that has fewer than 50 employees may be able to make the case to the Department of Labor (DOL) that complying with rules would jeopardize the viability of his or her business as a going concern.
补贴, 哪些采取可退还的税收抵免的形式, 将在今年年底到期吗. However, it’s possible that those m和ated benefits will be extended to the end of 2021. That’s one of the goals of legislation known as the Health 和 Economic Recovery Omnibus Emergency Solutions (HEROES) Act passed earlier this year in the U.S. 众议院. That overall legislation was rejected by the Senate as too costly (particularly provisions unrelated to paid sick leave). But it’s possible that a slimmed-down version will be enacted before year end.
回应法院裁决
与此同时，雇主仍受法律的约束 FFCRA 今天，以及最近的修改. 去年春天，美国劳工部发布了最初的FFCRA规定. 然后，作为对美国政府裁决的回应.S. District Court for the Lower District of New York, the DOL issued updated regulations in September. 这种更新可能需要你调整公司的计划.
As a reminder, the FFCRA provided for paid leave (up to certain limits) for employees in two ways. 第一个, 正如国税局所解释的那样, the Emergency Paid Sick Leave Act component provides up to 80 hours of paid sick leave if:
- The employee or someone he or she is caring for is subject to a government quarantine order or has been advised by a health care provider to self-quarantine.
- The employee is 出现新型冠状病毒肺炎症状 和 is seeking medical attention.
- The employee is caring for his or her son or daughter whose school or place of care is closed or whose childcare provider is unavailable for reasons related to 新型冠状病毒肺炎.
第二个FFCRA组成部分暂时扩大了FMLA的范围. The expansion requires that eligible employers provide up to 10 weeks of paid, 两周无薪, 向符合条件的员工提供紧急家庭和医疗假, 在某些条件下. 这是, “if the employee is caring for his or her son or daughter whose school or place of care is closed or whose childcare provider is unavailable for reasons related to 新型冠状病毒肺炎.”
与员工联系，讨论休假对员工的影响
有争议的条款
8月, the federal court in New York invalidated four elements of the DOL’s FFCRA regulations that:
1. Require employees to document their need for leave prior to taking it,
2. Allow employers to reject an employee’s request to take intermittent leave,
3. Stipulate that leave protections 和 benefits apply only when work is available, 和
4. 包括一个非常宽泛的“卫生保健工作者”定义.” (Under the FFCRA, health care workers are ineligible for the exp和ed paid leave benefits.)
The DOL’s response to that ruling was to change some provisions 和 leave others intact with a more detailed legal justification.
Important: It’s not entirely clear whether employers outside the federal court district’s boundaries (the New York City metropolitan area) are affected by the court’s ruling.
关于文档问题, 根据修订后的条例, 正如DOL系列问答中总结的那样, a listed set of documents must be furnished “either orally or in writing … as soon as practicable,，即使是在休假之后.
关于间歇休假的问题, DOL维持, 但是详细阐述, 它的立场及其背后的法律依据. 就目前情况而言, teleworking employees are given greater leeway in taking intermittent paid leave than those working at employer jobsites. 在几种情况下，后者只能休一整天的假. 这些场景包括面临隔离要求, 出现新型冠状病毒肺炎症状, 照顾受隔离令约束的个人, 和 “experiencing any other substantially similar condition specified by the Secretary of Health 和 Human 服务.”
被强制休假的员工没有带薪休假
美国劳工部也坚持其“可用工作”规则. That rule specifies that paid sick leave isn’t available to employees who had been furloughed without pay, even if their circumstances would have otherwise qualified them for paid leave. The federal court had questioned the legal basis for the DOL’s position, 和 the DOL exp和ed on its explanation in hopes of satisfying the court.
Finally, the DOL also narrowed its definition of “health care provider.“特别, instead of defining practically anyone working in a health care facility — including janitorial staff 和 food service workers — as health care providers, 修订后的规则将其更狭义地定义为, 除此之外, “提供诊断, 预防, 治疗服务, 或其他病人护理服务.”
最后一句话
Whether Congress will extend FFCRA’s paid leave provisions beyond 2020 remains to be seen. 国会可能会采取行动, 而且得到了总统的批准, 在选举之后和年底之前.
与员工联系，讨论休假对员工的影响
委员,葡京会手机app下载 & 老葡京手机app(老葡京手机app)是一家提供税务服务的专业公司, accounting 和 business advisory expertise throughout the Mid-Atlantic region from offices in 马里兰州贝塞斯达 和 华盛顿特区.
