Both new provisions use the definition of employee as set out in the Fair Labor Standards Act so that all of your U.S. (including territorial) employees who meet this definition are eligible, including full-time and part-time employees, as well as “joint employees” who work temporarily and/or through a temporary employment agency at your location. However, if you employ a health care provider or emergency responder, you are not required to pay that employee paid sick leave or extended family and sick leave on a case-by-case basis. And some small businesses may exempt employees if the vacation jeopardizes the viability of the business as an operating business. See question 58 below. Households consisting of more than two generations living under the same external roof. Many researchers also include households with a grandparent and at least another generation. The language on counting employees on calendar work weeks is only included in the FMLA definition for employers. This wording does not apply to the Expanding Family and Emergency Medical Leave for Extended Family and Sick Leave Act. Employers should use the number of employees on the day the employee`s leave would begin to determine if the employer has fewer than 500 employees to provide extended family leave and paid sick leave. See Question 2 for more information. For the purposes of employees who may be excluded from paid sick leave or extended family and sick leave by their employer under the FFCRA, an emergency responder is any person necessary to provide transportation, care, health care, comfort and nutrition to those patients or others necessary to respond to COVID-19.
This includes, but is not limited to, military or national guards, law enforcement officers, correctional facility staff, firefighters, first responders, physicians, nurses, public health personnel, emergency health professionals, paramedics, emergency management personnel, 911 operators, child protection workers and service providers, public works personnel and persons with skills or training in the use of specialized equipment or other skills necessary to provide: Assistance in the event of a declared emergency, as well as persons working for such facilities employing such persons and whose work is necessary to maintain the operation of the facility. This includes any person designated by the most senior official of a state or territory, including the District of Columbia, as the emergency responder required by that state or territory or District of Columbia to respond to COVID-19. To minimize the spread of the virus associated with COVID-19, the ministry encourages employers to exercise caution when using this definition to exempt emergency responders from the provisions of the FFCRA. For example, an employer may decide to exempt these employees from leave to care for a family member, but grant them paid sick leave in the event of COVID-19 illness. No. Extended family and sick leave is only available to care for your own “son or daughter”. For an explanation of the definition of “son or daughter” under the FFCRA, we refer to question 40. In light of congressional instructions to interpret the definitions consistently, WHD clarifies that under the FFCRA, a “son or daughter” is also an adult son or daughter (i.e., 18 years of age or older) who (1) has a mental or physical disability and (2) is incapable of being self-sufficient. For more information on adult son or daughter requirements, see the #28K fact sheet and/or call our toll-free information and support line, available from 8 a.m. to 5 p.m.
in your time zone, 1-866-4US-WAGE (1-866-487-9243). According to the FFCRA, a “son or daughter” is your own child, which includes your biological, adopted or foster child, your stepson, your legal ward or your child whom you represent in loco parentis – someone with day-to-day responsibilities to care for or financially support a child. More information on leave in loco parentis can be found in the factsheet #28B: Family and Sick Leave Act (FMLA) Leave for the birth, accommodation, maintenance or care of a healthy child on the basis of an “in loco parentis” relationship. OCR has issued guidelines that review legal standards and best practices to improve access to COVID-19 vaccination programs and ensure non-discrimination based on race, color, and national origin. Whether information is distributed through pamphlets, online information portals or in person at vaccination clinics, there is a legal requirement that COVID-19 vaccination programs be accessible and free from discriminatory barriers that limit a community`s ability to receive vaccines and boosters.
