The Emergency Family and Medical Leave Expansion Act (EFMLEA) is a vital piece of legislation that was enacted in response to the COVID-19 pandemic. As part of the Families First Coronavirus Response Act (FFCRA), it expanded the existing Family and Medical Leave Act (FMLA) to provide paid family leave for employees affected by the pandemic. If you’re a worker or employer trying to understand your rights and responsibilities, this guide will break down everything you need to know about the EFMLEA.
In this article, we’ll walk through the key elements of the EFMLEA, including eligibility, benefits, and how to navigate its provisions. Whether you’re an employee seeking leave for family-related reasons or an employer learning how to comply, we’ve got you covered with clear, straightforward explanations and helpful tips.
What is the Emergency Family and Medical Leave Expansion Act (EFMLEA)?
The EFMLEA was signed into law on March 18, 2020, as part of the broader Families First Coronavirus Response Act (FFCRA). It temporarily expanded the Family and Medical Leave Act (FMLA) to include provisions for employees who needed to take leave due to the COVID-19 pandemic.
Before the EFMLEA, the FMLA only applied to unpaid family leave and had strict eligibility requirements. The EFMLEA broadened these provisions to ensure that employees could take paid family leave if they were unable to work due to the closure of their child’s school or daycare due to the pandemic.
Key Provisions of the EFMLEA
- Paid Family Leave for School and Childcare Closures
One of the most important features of the EFMLEA is its provision for paid family leave when an employee needs to care for a child whose school or daycare has been closed due to COVID-19. Before the EFMLEA, the FMLA did not provide paid leave at all, and it only applied to a limited number of family and medical situations. The EFMLEA temporarily allowed for paid leave under this circumstance. - Eligibility
The EFMLEA expanded the FMLA’s eligibility criteria, allowing more workers to access paid leave benefits. To qualify for the EFMLEA, employees must meet the following conditions:- They must have been employed by the same employer for at least 30 days.
- They must be unable to work (or telework) due to the closure of their child’s school or daycare because of COVID-19.
- Leave Duration
Employees were eligible for up to 12 weeks of job-protected family leave under the EFMLEA. This leave was broken into two parts:- The first 10 days of leave were unpaid, though employees could use their paid sick leave under the Emergency Paid Sick Leave Act (EPSLA) or any other paid time off benefits during this period.
- After the first 10 days, the remaining 10 weeks were paid, at a rate of two-thirds of the employee’s regular pay (up to $200 per day and $10,000 total).
- Employer Requirements
Employers with fewer than 500 employees were required to provide this paid family leave under the EFMLEA. However, businesses with fewer than 50 employees could apply for an exemption if providing leave would jeopardize the business’s viability. - Job Protection
The EFMLEA included a job protection clause similar to the FMLA, which meant that employees could not be fired, demoted, or retaliated against for taking leave under the act. Upon return from leave, employees were entitled to the same job or a similar position.
How Does the EFMLEA Compare to the FMLA?
The EFMLEA temporarily modified and expanded the Family and Medical Leave Act (FMLA), which was originally passed in 1993. The main differences between the EFMLEA and FMLA are as follows:
- Paid vs. Unpaid Leave: Under the FMLA, leave is generally unpaid. However, the EFMLEA provided paid family leave for workers unable to work because of school or daycare closures related to COVID-19.
- Coverage for COVID-19: The FMLA doesn’t cover situations where an employee is unable to work due to the closure of a child’s school or daycare. The EFMLEA specifically addresses this issue, providing workers with the ability to take paid leave for these circumstances.
- Eligibility: Under the FMLA, employees need to have worked for at least 12 months and for 1,250 hours in the past year to be eligible. The EFMLEA, on the other hand, reduced this requirement to just 30 days of employment.
- Leave Duration: The FMLA allows up to 12 weeks of unpaid leave for certain family and medical situations, and the employee is entitled to the same job upon return. The EFMLEA also provides up to 12 weeks of leave, but with paid leave for up to 10 weeks in certain situations.
Who is Eligible for EFMLEA Benefits?
To qualify for benefits under the EFMLEA, employees must meet the following criteria:
- Employed for 30 days: Employees must have been working for the same employer for at least 30 calendar days before requesting leave.
- Unable to work or telework: Employees must be unable to work, or telework, due to the closure of their child’s school or daycare due to COVID-19.
- Working for a covered employer: The employee’s employer must be a private company with fewer than 500 employees, or a public employer (including federal, state, and local governments). There are exemptions for businesses with fewer than 50 employees if they can prove that offering leave would hurt the viability of their business.
How to Apply for Leave Under the EFMLEA
Employees seeking to take leave under the EFMLEA should follow these steps:
- Notify Your Employer: Notify your employer as soon as you know you will need to take leave. You should provide documentation about your child’s school or daycare closure and request leave.
- Submit Required Documentation: If necessary, submit additional documentation, such as a letter from the school or daycare provider, confirming that the closure is due to COVID-19.
- Track Your Hours: Keep track of the hours you are working and any leave you take under the EFMLEA to ensure that you receive the correct amount of pay.
- Return to Work: After the leave ends, you should return to your job or a similar job if the leave period has ended.
Employer’s Role and Responsibilities
Employers must comply with the EFMLEA if they meet the coverage requirements. They are responsible for:
- Providing eligible employees with paid family leave when applicable.
- Maintaining the employee’s health insurance benefits during leave, if applicable.
- Ensuring that employees can return to their same or similar position after the leave ends.
- Applying for tax credits to offset the cost of providing paid leave under the EFMLEA.
Employers should also be mindful of record-keeping requirements and ensure that they maintain proper documentation for employees taking leave. For more information on laws and updates, Visit our website Tax Laws In USA
FAQ Section
1. What is the Emergency Family and Medical Leave Expansion Act (EFMLEA)?
The EFMLEA is a temporary expansion of the Family and Medical Leave Act (FMLA) that was passed in response to the COVID-19 pandemic. It provides paid family leave for employees who need to care for a child whose school or daycare has closed due to COVID-19.
2. How much leave does the EFMLEA provide?
The EFMLEA provides up to 12 weeks of job-protected leave, with the first 10 days being unpaid. Employees can use paid sick leave for these 10 days, and after that, the remaining 10 weeks are paid at two-thirds of the employee’s regular pay, up to $200 per day.
3. Who is eligible for EFMLEA leave?
To qualify for EFMLEA leave, employees must have been employed by their employer for at least 30 days and must be unable to work due to the closure of their child’s school or daycare due to COVID-19.
4. Are employers required to provide paid leave under the EFMLEA?
Yes, employers with fewer than 500 employees are required to provide paid family leave under the EFMLEA. Small businesses with fewer than 50 employees may be exempt under certain conditions.
5. Can an employee be fired for taking leave under the EFMLEA?
No, the EFMLEA provides job protection for employees. Employers cannot fire, demote, or retaliate against employees for taking leave under the act.
6. How do I apply for leave under the EFMLEA?
To apply for EFMLEA leave, employees should notify their employer and provide documentation, such as a letter from the child’s school or daycare, confirming the closure due to COVID-19.