Do employees who have been furloughed qualify for paid sick time under the Emergency Paid Sick Leave Act?
Some employers have made the decision to furlough their employees because there is not enough work for the employees to do during this time. A furlough is generally an unpaid leave of absence. In accordance with DOL guidance, because employees who have been furloughed are placed on leave for a reason outside of the six (6) reasons listed in the EPSLA, they are not eligible to receive paid sick time under the Families First Coronavirus Response Act during the unpaid leave of absence. However, some state or local paid sick leave laws may cover employees who are on leave due to a workplace closure.
Should your company decide to furlough employees, we recommend that you consult with legal counsel to ensure you are in compliance with the Families First Coronavirus Response Act as well as any state or local paid sick leave laws.
Last updated April 9
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