COVID-19 & Your Business: Frequent Questions

How do I calculate an employee’s average regular rate of pay under the FFCRA? (29 CFR § 826.25)

The “average regular rate” used to compute pay for paid sick leave under the EPSLA and expanded family and medical leave under the EFMLEA is calculated as follows:

(1)        Employers are instructed to use the methods already set out with respect to the FLSA, 29 CFR Parts 531 & 778, to compute the regular rate for each full workweek in which the employee has been employed over the lesser of:

(i)        The six-month period ending on the date on which the employee takes paid sick leave or expanded family and medical leave; or

(ii)        The entire period of employment.

(2)       Compute the average of the weekly regular rates under paragraph (1), weighted by the number of hours worked for each workweek.

An employee’s commissions, tips, and piece rates are incorporated into the regular rate for purposes of the FFCRA to the same extent that they are included in the calculation of the regular rate under the FLSA.

Last updated April 9

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