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COVID-19
Frequently Asked Questions
41. What do I do if my employer, who I believe to be covered, refuses to provide me paid sick leave?
42. What do I do if my employer, who I believe to be covered, refuses to provide me expanded family and medical leave to care for my own son or daughter whose school or place of care has closed, or whose child care provider is unavailable, for COVID-19 re
43. Do I have a right to return to work if I am taking paid sick leave or expanded family and medical leave under the Emergency Paid Sick Leave Act or the Emergency Family and Medical Leave Expansion Act?
44. Do I qualify for leave for a COVID-19 related reason even if I have already used some or all of my leave under the Family and Medical Leave Act (FMLA)?
45. May I take leave under the Family and Medical Leave Act over the next 12 months if I used some or all of my expanded family and medical leave under the Emergency Family and Medical Leave Expansion Act?
46. If I take paid sick leave under the Emergency Paid Sick Leave Act, does that count against other types of paid sick leave to which I am entitled under State or local law, or my employer’s policy?
47. May I use paid sick leave and expanded family and medical leave together for any COVID-19 related reasons?
48. What is a full-time employee under the Emergency Paid Sick Leave Act?
49. What is a part-time employee under the Emergency Paid Sick Leave Act?
50. How does the “for each working day during each of the 20 or more calendar workweeks in the current or preceding calendar” language in the FMLA definition of “employer” work under the Emergency Family and Medical Leave Expansion Act?
51.I’ve elected to take paid sick leave and I am currently in a waiting period for my employer’s health coverage. If I am absent from work on paid sick leave during the waiting period, will my health coverage still take effect after I complete the waiting
52. I am a public sector employee. May I take paid sick leave under the Emergency Paid Sick Leave Act?
53. I am a public sector employee. May I take paid family and medical leave under the Emergency Family and Medical Leave Expansion Act?
54. What do I do if my public sector employer, who I believe to be covered, refuses to provide me paid sick leave or expanded family and medical leave?
55. Who is a “health care provider” for purposes of determining individuals whose advice to self-quarantine due to concerns related to COVID-19 can be relied on as a qualifying reason for paid sick leave?
56. Who is a “health care provider” who may be excluded by their employer from paid sick leave and/or expanded family and medical leave?
57. Who is an emergency responder?
58. When does the small business exemption apply to exclude a small business from the provisions of the Emergency Paid Sick Leave Act and Emergency Family and Medical Leave Expansion Act?
59. If I am a small business with fewer than 50 employees, am I exempt from the requirements to provide paid sick leave or expanded family and medical leave?
60. How do I know if I can receive paid sick leave for a Federal, State, or local quarantine or isolation order related to COVID-19?
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