Are you covered?

If you have worked for your employer for at least 30 days and your employer has more than 50, but less than 500, employees, you will be entitled to Emergency FMLA leave.

If your employer has less than 50 employees, you will be entitled to Emergency FMLA leave unless the leave would jeopardize the viability of your employer’s business.

However, if you are a healthcare provider or emergency responder, your employer may exempt you from Emergency FMLA leave.

Do you qualify?

If you are unable to work or telework because you need to care for your minor child because your child’s school or place of care is closed or the childcare provider is unavailable due to a public health emergency.

What can you get?

Up to 12 weeks of Emergency FMLA leave.

The first 10 days of Emergency FMLA leave are unpaid. You can use your vacation, sick leave, or other PTO. Or you can request Emergency Paid Sick Leave to cover the 10 days unpaid Emergency FMLA Leave.

Starting on day 11, if you are full-time your employer generally must pay you at two-thirds your regular rate for the number of hours you would normally be scheduled. However, this pay entitlement is limited to $200 per day and $10,000, total.

If you are part-time, your employer must pay you based on the average number of hours you worked in the six months before taking Emergency FMLA. If you worked for less than six months, you are entitled to be paid for the average number of hours you reasonably expected to work when you were hired.

If your employer has more than 25 employees, you will be entitled to return to your job, or an equivalent job, at the end of your Emergency FMLA leave.

If your employer has less than 25 employees, they are not required to return you to your job if your position no longer exists because of an economic downtown or other circumstances caused by a public health emergency. But your employer must make reasonable attempts to return you to an equivalent position for up to a year after your leave.

How do you get it?

Request Emergency FMLA leave and fill out any FMLA paperwork provided by your employer and obtain any doctor’s statements required.

For more information or questions contact the author Charlotte Croson.