regular rate of pay if unable to work due to being quarantined or because they are experiencing COVID-19 symptoms. If the two-week leave is for the purpose of caring for their child whose school or childcare provider is closed because of Coronavirus, they are entitled to 2/3 of their regular pay for that two-week period. Where the need for the leave is to care for their child whose school or childcare provider are closed, the employee is eligible for an additional 10 weeks of paid leave at 2/3 of their regular rate under the FMLA portion of the new law. Employees that have already used all of their 12 weeks of FMLA leave for the current 12-month period will not be entitled to these 10 additional weeks. Employees that have used some of their FMLA leave will be able to use the remaining portion of their leave for the expanded family and medical leave.
For example, if an employee already used 2 weeks of leave to bond with their son who was born in January, then they could still take 10 weeks under the Families First Coronavirus Response Act. All leave taken under the new law includes a right to full reinstatement to their former position when the leave ends.
Documenting the Need for Leave It is virtually certain that at least some foundry workers will be unable to work for at least one of the qualifying reasons. Medical certification can be required where the sick leave is because of the employee’s own illness. However, both federal and state authorities are recommending that employers waive such documentation to ease the burden on our medical providers. As to the other reasons for the needed leave, it may be difficult to obtain confirming
documentation. Questioning employees about the need for such leave is permissible and does not violate either the ADAAA or HIPPA rules. If there is a question when an employee seeks leave to care for their child because of a school closure, employers can review personnel documents such as their withholding statement or health insurance enrollment forms to check for dependents. But that would not provide a definitive answer on whether they have a child in the household that needs care because their school has closed.
Conclusion Ultimately, since these are such unusual times for everyone, including employers and employees, that having a little faith in our fellow man is called for.
FEF students continue to gain knowledge and experience outside the classroom.
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www.fefinc.org | 847-490-9200
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