CARES ACT Amends the Emergency Family Medical Leave Expansion Act
Congress passed the comprehensive CARES Act on March 25, 2020. The CARES Act includes one amendment to the Family Medical Leave Expansion Act that was passed on March (insert date).
As discussed in my previous post, the EFMLA affords eligible employees leave where the Employee is unable to work (or telework) due to the need for leave to:
Care for the son or daughter under 18 years of age of such employee if the school has been closed due to a Public Health Emergency.
Care for the son or daughter under 18 years of age of such employee if the Place of Care has been closed due to a Public Health Emergency.
The Child Care Provider of such son or daughter is unavailable due to a Public Health Emergency.
The original EFMLA indicated that in order to be eligible for the leave, the employee needs to be employed for at least 30 calendar days by the employer. The Act has been amended to include a provision for employees who re rehired. The amendment expands the definition of eligible employee to include (1) were laid off by the employer on March 1, 2020 or later, (2) had worked for the employer for not less than 30 of the last 60 calendar days prior to the layoff, and (3) was rehired by the employer.
(NOTE: We expect regulations to assist in our interpretation of this Act as a whole; however, employers should consult counsel regarding the interpretation of the phrase “had worked for the employer not less than 30…”)
So, employers should be aware and make sure that they take into account those employees whom they hire back, as they might be eligible for Emergency Family Medical Leave.