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Who Is Eligible for Emergency Paid Sick Leave Act (EPSLA) Coverage & Emergency Family and Medical Leave Expansion Act (EFMLEA) Coverage?

Download this scenario chart HERE.

To be eligible for benefits, three criteria must be met: 

  1. Employer must have work for the employee;

  2. Employer and employee must agree on a work schedule;

  3. Employee must have a qualifying reason (see FFCRA FAQs for details)

Joey works in a coffee shop. The shop is closed for business. It doesn’t matter if it is due to a lack of business or to a shutdown order closing all restaurants. Since there is no work for Joey, he may be eligible for unemployment insurance, but he is not eligible for EPSLA or EFMLEA.

Alicia is an attorney working for a law firm. The office is closed, but everyone is teleworking from home. Alicia and her employer agree she can work whenever she wants, except that they want her to work from 9 to 5 on Tues. and Thurs., so she is available for clients. All her other work can be in the evenings, weekends or whenever she wants. Since Alicia did not have an income loss, she does not need either EPSLA or EFMLEA benefits.

Mary works as a grocery store cashier, an essential business. The store is open from 8 AM to 10 PM daily and Mary is offered 40 hours per week in work. Her normal rate of pay is $15.00 per hour. Mary has an autoimmune disease and a compromised immune system. Her doctor tells her that she is at high risk and that she must self-quarantine. Since work is available, but due to the self-quarantine order, Mary is eligible for benefits under the EPSLA. Here benefits are calculated as follows: $15/hour X 40 hours X 100% benefit = $561 maximum weekly benefit *Since Mary does not have a child, she is not eligible for EFMLEA benefits.

George is Alicia’s husband. He works making medical equipment in a factory. His employer is open, and his work hours are from 9 to 5, Monday to Friday. Since Alicia must work during the day on Tues. and Thurs., George applies for leave on those days so he can take care of their 7-year-old daughter Cindy, whose school is closed due to COVID-19. George applies for and is approved for two days of leave since he must care for their daughter. George makes $20 per hour, is approved for 16 hours of leave per week and receives 2/3 of his wage as EPSLA and then EFMLEA benefits. $20/hour X 16 hours X 2/3 benefit = $266.80 weekly benefit.

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This document was created by Alera Group, Inc. Updated as of 4/6/2020. This is not legal advice. No client-lawyer relationship between you and our lawyers is or may be created by your use of this information. Rather, the content is intended as a general overview of the subject matter covered. To be eligible for benefits, three criteria must be met: 1. Employer must have work for the employee; 2. Employer and employee must agree on a work schedule; 3. Employee must have a qualifying reason (see FFCRA FAQs for details)

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