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COVID-19 Update: New Requirements for Paid Time Off and Leave

March 20, 2020

On Wednesday, President Trump signed legislation significantly changing an employer's responsibilities relating to paid time off and work absences. Following is a summary of some of the important changes.

Emergency Family and Medical Leave Expansion Act

  • Applies to all employers with fewer than 500 employees.

  • Employees are eligible if employed for at least 30 calendar days.

  • Employees are entitled to take 12 weeks of leave to care for a child under 18 if school has been closed due to COVID-19.

  • Employers must pay employees for leave after 10 days and at 2/3 of the regular rate of pay.

Emergency Paid Sick Leave Act

  • Requires all employers with fewer than 500 employees to provide 2 weeks of sick leave.

  • Employee can take sick leave because:

  1. The employee is subject to a governmental quarantine or isolation order related to COVID–19.

  2. The employee has been advised by a health care provider to self-quarantine due to concerns related to COVID–19.

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

  4. The employee is caring for an individual who is subject to an order as described in #1 or has been advised as described in #2.

  5. The employee needs to stay home to care for a child due to school closures related to COVID-19.

Employers with fewer than 50 employees may apply with the Secretary of Labor for an exemption from the requirements of either Act if the requirements would jeopardize the viability of the business.

Tax credits are to be provided to employers to compensate for costs of complying with these new requirements.

These changes are set to expire by December 31, 2020.

We anticipate future legislative developments. Please contact us with any questions or for any assistance in complying with these requirements.

← Oregon’s COVID-19 Orders and Your BusinessCoronavirus and the Oregon Employer - Part Two →

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