If a full-time employee only works 70 hours per pay period, will their paid sick leave be only 70 hours or will they be entitled to 80 hours?
Under the Emergency Paid Sick Leave Act, full-time employees are entitled to 80 hours of paid sick leave over a two-week period. Although the regulations do not provide a definition for “full-time” employees, the DOL has taken the position that a full-time employee is an employee who works at least 40 hours each workweek. Therefore, any employee who works less than 80 hours over two workweeks is considered part-time for purposes of the EPSLA.
A part-time employee is entitled to the number of hours that the employee works, on average, over a 2-week period. If the part-time employee’s schedule varies from week to week or is unknown, then employers may use a 6-month average to calculate the average daily hours. The part-time employee would be able to take paid sick leave for this number of hours per day up to a two-week period. If the employee has not been employed for at least 6 months, then the employer should use the number of hours that the employer and employee agreed the employee would work at the time of hire. If such an agreement does not exist, then the employer should calculate the appropriate number of hours of leave by taking the average hours per day that the employee was scheduled to work over the entire term of his/her employment.
Last updated April 9
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