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Employers – Get Ready for Emergency Coronavirus Employment Laws

By Scott Atwood on March 16, 2020
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If you are an employer wondering what’s going to happen as a result of the coronavirus, be prepared for some potentially big changes.

On Monday afternoon, March 16, the Senate will consider the House’s emergency bill to temporarily expand the Family Medical Leave Act (FMLA). If passed — and the general consensus is that it will pass with minor modifications on March 16, and be signed into law the same day – it will significantly expand FMLA coverage for the short term.

Please remember this is only a bill, not a law yet. We will update you when the President actually signs the bill into law (likely tonight), and let you know the final provisions of the law.

While the House’s bill (known now as the “Families First Coronavirus Response Act”) is subject to Senate modification, and thus likely will be somewhat different when enacted into law, below are the highlights of the bill as it now stands:

  • Essentially, if passed, the law would create a temporary expansion of the Family Medical Leave Act until December 31, 2020. The changes would take place 15 days after the passage of the Emergency Act.
  • Workers who miss work due to the coronavirus, or to care for an at-risk family member who has coronavirus or is adhering to a requirement or recommendation to quarantine, or to care for a child whose school is closed due to coronavirus, would be covered under the FMLA. These definitions of covered employees are likely to change in the final law.
  • Employees would only have to be employed for 30 days before becoming eligible for this emergency FMLA leave.
  • All employers with less than 500 employees would be covered, so even if you are a small employer not currently covered by the FMLA, you would be covered by this emergency leave. The bill gives some potential exceptions for small businesses, but it remains to be seen whether they will make it into the final law.
  • Employees would be eligible for paid leave (under the current bill, it’s 2/3 of their pay after a two week waiting period). But a separate Emergency Act would also allow any employee, even those who have not been employed for 30 days, to be paid their full pay for up to 80 hours if they are absent for certain reasons related to the coronavirus. These definitions of eligibility for full pay are likely to change in the final law.
  • Employers who pay employees out on this emergency leave would be eligible for tax credits.

In an additional piece of legislation, the Senate is also expected to take up the House’s proposed significant expansion of the federal Unemployment Insurance Act. If passed, the law would likely permit employees who lose their jobs permanently or temporarily due to the coronavirus to be eligible for unemployment even if they would not otherwise be eligible.

It’s going to be an interesting day. Stay tuned. I will be back with you soon…and stay healthy and safe.

Tags: Coronavirus
Photo of Scott Atwood Scott Atwood

From complex labor and employment counseling and litigation to general business matters, Scott has been representing the interests of entrepreneurs, public entities, and businesses of all sizes throughout the United States, including Florida and Georgia, for nearly 25 years.

More specifically, Scott has…

From complex labor and employment counseling and litigation to general business matters, Scott has been representing the interests of entrepreneurs, public entities, and businesses of all sizes throughout the United States, including Florida and Georgia, for nearly 25 years.

More specifically, Scott has extensive experience in all aspects of employment law, including Title VII, ADA, ADEA, and Section 1983 discrimination, harassment, and retaliation matters, FMLA leaves issues, and FLSA and state law wage situations. He also assists his clients in whistleblower claims and non-compete, non-solicitation, trade secret, and contract disputes. With regard to general corporate matters, he prepares employment agreements, operating and shareholder agreements, restrictive covenant (non-compete, non-solicitation, confidentiality) agreements, and business contracts.

Scott also brings his expertise as a Florida Supreme Court Certified Circuit Civil Mediator to facilitate a resolution as an alternative to lengthy and expensive litigation. As a member of the Executive Council of the Florida Bar’s Labor and Employment Section, Scott is extremely active in helping formulate and implement legal policy on both the state and local level. He is admitted to practice in all state and federal courts in Florida and Georgia, including U.S. District Courts for the Southern and Middle Districts of Florida.

Scott has been recognized as a Florida Super Lawyer in labor and employment law. Previously, he was recognized by Atlanta Super Lawyers as a Rising Star in labor and employment law. While attending law school, Scott was elected Editor-in-Chief of the Florida Journal of International Law and was awarded the President’s Award for outstanding service to the University. He now serves on the College of Law’s Alumni Council.

Scott has two children, Caroline and Laura. They both attended Fort Myers High School’s IB program, and Caroline is now attending Scott’s alma mater, Dartmouth. Scott is married to Kristalyn Loson Atwood, who is also an attorney. When not working, Scott enjoys spending time with his family, traveling, and watching New England sports.

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  • Posted in:
    Intellectual Property
  • Blog:
    Southwest Florida Business and IP Blog
  • Organization:
    Henderson, Franklin, Starnes & Holt, P.A.
  • Article: View Original Source

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