COVID-19 & Your Business: Frequent Questions

Does the amended definition of covered employer take into account the time period of “20 weeks or more in the current or preceding calendar year” that has been a part of the existing definition of covered employer under the FMLA?

The definition of covered employer under the Emergency Paid Sick Leave Act does not take into account the “20 weeks or more in the current or preceding calendar year” language that is part of the definition of covered employer under the Family and Medical Leave Act. Based on the DOL’s guidance and the regulations, employers should look to the number of full-time and part-time employees they have within the United States at the time an employee’s leave under the Families First Coronavirus Response Act is to start to determine whether they are a covered employer. Employers should not count independent contractors towards the 500-employee threshold, nor should employers count employees who have been laid off or furloughed and not subsequently reemployed.

Last updated April 9

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