Employment practices liability alert: emergency responders

Emergency Responder Exemption to Paid Sick Leave and Emergency Family and Medical Leave Expansion Act

By Robin B. Kallor, Partner, Rose Kallor, LLP

On March 18, 2020, President Trump signed into law the Families First Coronavirus Response Act (FFCRA) which creates two new emergency paid leave requirements in response to the COVID-19 global pandemic.

“The Emergency Paid Sick Leave Act (EPSLA), entitles certain employees to take up to two weeks of paid sick leave. “The Emergency Family and Medical Leave Expansion Act” (EFMLEA), which amends Title I of the Family and Medical Leave Act, 29 U.S.C. 2601 et seq. (FMLA), permits certain employees to take up to twelve weeks of expanded family and medical leave, ten of which are paid, for specified reasons related to COVID-19.

On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act, Public Law 116-136 (CARES Act), which amends certain provisions of the EPSLA and the provisions of the FMLA added by the EFMLEA. The law went into effect on April 1, 2020. The Department of Labor promulgated regulations on April 1, 2020.

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