On March 18, 2020, President Trump signed into law the Emergency Paid Sick Leave Act granting paid sick leave rights to all workers in the United States. The law was written to address many of the gaps in existing state and federal laws that provided workers with the right to take leave when sick, but not when they needed to leave work to prevent sickness or when a child’s school closed.
This article provides a comprehensive guide to the new Federal Emergency Paid Sick Leave Act (which is scheduled to go into effect by April 3, 2020) in a way that will allow workers who are not attorneys understand their sick leave rights and the impact the new law will have at their job. This article also provides numerous practical tips and examples so that you can exercise your federal sick leave rights.
Section #1: Which Employers are Required to Provide Paid Sick Leave?
Which Employers are Required to Provide Paid Sick Leave?
Section #2: Which Employees are Entitled to Take Paid Sick Leave?
Which Employees are Entitled to Take Paid Sick Leave?
All eligible employees throughout the United States are entitled to take the full amount of paid sick leave immediately. This varies from other law, including California’s Paid Sick Leave law which requires sick leave to be accrued over time. The list of employees entitled to paid sick leave rights includes:
Section #3: What Reasons Qualify for Taking Paid Sick Leave?
What Reasons Qualify for Taking Paid Sick Leave?
Reasons That do Not Qualify for Federal Paid Sick Leave
Section #4: How to Request Paid Sick Leave
How to Request Paid Sick Leave
Employers Cannot Require You to Use Paid Time Off or Other Sick Leave Before Using Federal Paid Sick Leave
Employers Cannot Require You to Find A Replacement
Taking Intermittent Sick Leave
Multiple Parents Taking Leave and Child Care Pools
Section #5: How Much Paid Sick Leave Time Are You Entitled To?
How Much Paid Sick Leave Time Are You Entitled To?
Part-time employees (fixed schedule)
Part-time employees (variable schedule)
Section #6: How Much Does Federal Sick Leave Pay?
How Much Does Federal Sick Leave Pay?
Paid Sick Leave Amount for Shelter in Place and Coronavirus-Related Medical Issues
Paid Sick Leave Amount for School Closures and Child Care Issues
|Hourly Rate||2/3 of Hourly Rate||Full-Day Sick Leave Pay (8 hours)|
|$12.00 per hour||$8.04||$64.32|
|$13.00 per hour||$8.71||$69.68|
|$15.00 per hour||$10.05||$80.40|
|$20.00 per hour||$13.40||$107.20|
|$25.00 per hour||$16.75||$134.00|
|$30.00 per hour||$20.10||$160.80|
|$35.00 per hour||$23.45||$187.60|
|$40.00 per hour||$26.80||$200.00|
Special Pay Rates for Certain Types of Employees
Cities and Counties with Higher Local Minimum Wage
|Albany||Marin (county)||San Leandro|
|Anaheim||Oakland||San Mateo (county)|
|Davis||Pasadena||Santa Clara (county)|
|Long Beach||San Francisco||West Hollywood|
|Los Angeles (county)||San Jose|
Section #7: Penalties for Violating Federal Sick Leave Rights
Penalties for Violating Federal Sick Leave Rights
Section #8: Protections Against Retaliation and Discrimination for Using Your Paid Sick Leave Rights
Protections Against Retaliation and Discrimination for Using Your Paid Sick Leave Rights
Motivation for Retaliation
Common Forms of Retaliation and Discrimination
Proving Retaliation or Discrimination
Section #9: Enforcing Your Paid Sick Leave Rights and Recovering What you Are Owed