COVID-19 and Emergency Paid Leave Under the Families First Coronavirus Response Act: EFMLA,EPSLA, and Unemployment Considerations Under CARES

Due to COVID-19, many of your employees are likely requesting paid leave to:
·               recover from illness,
·               observe quarantine requirements,
·               assist ailing family members, or
·               care for children whose schools and daycare facilities are closed.
 
Congress has enacted the Emergency Family Medical Leave Act (EFMLA) and the Emergency Paid Sick Leave Act (EPSLA). These laws require many employers to provide paid leave for employees who take time off in some circumstances due to COVID-19.
While these new paid leave requirements can be daunting, there are benefits to providing them. We will discuss the intricacies surrounding the new EFMLA and the EPSLA, including answering the following questions:
1.             Can you require that an employee use other forms of leave first?
2.             How can you balance these enhanced paid leave benefits with the new, enhanced unemployment benefits?
3.             How do the EFMLA and EPSLA benefits interact with the FMLA and ADA rules?
4.             How do you secure tax credit refunds from the government for providing paid leave?