The Emergency Family and Medical Leave Expansion Act signed by the President on March 18, 2020, requires non-healthcare provider employers with less than 500 employees to give up to 12-weeks of job-protected leave to parents to care for their children necessitated by school/daycare closures or loss of childcare due to the Novel Coronavirus (COVID-19) health emergency. The first 10 days may be unpaid, but every day thereafter the employee is to be paid at least 2/3 that employee’s regular rate of pay. If the employee’s schedule varies from week to week, the regular rate of pay may be based on the average number of hours worked in the past 6-month period. In no event shall such paid leave exceed $200 per day and $10,000 in the aggregate. The Department of Labor may enact regulation to exclude from this new act employers with less than 50 employees if compliance would jeopardize the viability of the employer.
Please call Attorney Lucas Newbill at 617-918-7567 to discuss your legal options. Attorney Newbill is a civil rights and employment lawyer in Brookline, Massachusetts, serving the Greater Boston region.
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