COVID-19 & Your Business: Frequent Questions

My company has 54 employees, but we have only been at that number recently. Is the law stating a look back period or is it how many employees you have as of April 1?

The definition of “covered employer” under the Emergency Paid Sick Leave Act does not take into account a look back period or any type of averaging. Based on the DOL’s 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 be taken to determine whether the employer is a “covered employer.” Small employers with fewer than 50 employees may qualify for an exemption from the requirement to provide paid leave due to school, place of care, or child care provider closings or unavailability, if the leave payments would jeopardize the viability of their business as a going concern.

Last updated April 9

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