Paid Leave Under the Families First Coronavirus Response Act; Correction, 20156-20158 [2020-07711]
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20156
Federal Register / Vol. 85, No. 70 / Friday, April 10, 2020 / Rules and Regulations
NATIONAL LABOR RELATIONS
BOARD
29 CFR Part 103
RIN 3142–AA16
Representation—Case Procedures:
Election Bars; Proof of Majority
Support in Construction-Industry
Collective-Bargaining Relationships
AGENCY:
National Labor Relations
Board.
ACTION:
Final rule; delay of effective
date.
On April 1, 2020, the National
Labor Relations Board (Board)
published a final rule making three
amendments to its rules and regulations
governing the filing and processing of
petitions for a Board-conducted
representation election and proof of
majority support in constructionindustry collective-bargaining
relationships. The purpose of this
document is to postpone
implementation of the rule during the
National Emergency Concerning the
Novel Coronavirus Disease (COVID–19)
Outbreak. The Board therefore delays
the effective date from June 1, 2020 to
July 31, 2020.
DATES: The effective date of the final
rule published on April 1, 2020, at 85
FR 18366, is delayed from June 1, 2020
to July 31, 2020.
FOR FURTHER INFORMATION CONTACT:
Roxanne L. Rothschild, Executive
Secretary, National Labor Relations
Board, 1015 Half Street SE, Washington,
DC 20570–0001, (202) 273–1940 (this is
not a toll-free number), 1–866–315–6572
(TTY/TDD).
SUPPLEMENTARY INFORMATION: On April
1, 2020, the National Labor Relations
Board published a final rule making
three amendments to its rules and
regulations governing the filing and
processing of petitions for a Boardconducted representation election and
proof of majority support in
construction-industry collectivebargaining relationships. The Board
made the rule effective on June 1, 2020.
The Board has determined that a
delayed effective date is required to
allow the Board’s employees and
stakeholders to focus on continuity of
their operations during the national
emergency concerning the Coronavirus
pandemic during the next several
months, rather than on implementing
and understanding the Board’s new
rule. Therefore, the Board hereby delays
the effective date of the rule to July 31,
2020.
Section 553(b)(3)(B) of the
Administrative Procedure Act (APA) (5
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SUMMARY:
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U.S.C.) authorizes agencies to dispense
with notice and comment procedures
for rules when the agency, for ‘‘good
cause,’’ finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under this
section, an agency, upon finding good
cause, may issue a final rule without
seeking comment prior to the
rulemaking.
For the following reasons, the Board
finds that notice and comment would be
impracticable, unnecessary, and
contrary to the public interest for this
document delaying the effective date of
its final rule. First, given the ongoing
pandemic and national emergency, the
Board believes that regulated entities
should be focused on mitigating the
pandemic’s serious ramifications and on
understanding their significant
responsibilities and obligations under
the pandemic relief laws enacted by
Congress in the last month.1 They
should not be required to expend
human capital resources reviewing the
rule to ensure they understand the
substantive changes, as the rule
contemplates, or to adjust to the rule’s
new obligations. 85 FR at 18397. Given
the immediate need to provide the
Board’s regulated entities with certainty
regarding the delayed timing of their
responsibilities and obligations under
the new rule, submitting this short delay
in the rule’s effective date to notice and
comment would be impractical and
contrary to the public interest, per 5
U.S.C. 553(b)(3)(B).
Second, the Board concludes that
proceeding directly to final rule is
appropriate because notice and
comment is unnecessary under the
circumstances. The Board believes that
this change is in the nature of a minor,
technical correction. The Board issued
its rule on April 1, 2020, only 5 days
ago; therefore, the change in effective
date is almost contemporaneous with
the rule itself. It is therefore unlikely
any parties will have relied on the rule
to their detriment, and the minor
amendment to the effective date of the
rule merely extends the status quo for
an additional 60 days. Moreover, the
Board’s initial choice of effective date,
June 1, 2020, was discretionary; the
Board did not propose an effective date
in the NPRM, nor did it receive any
comments suggesting one. Given this
swift correction, the Board concludes
that notice and comment is unnecessary
to extend the effective date an
additional 60 days, or to July 31, 2020.
1 See Coronavirus Aid, Relief, and Economic
Security Act, Public Law 116–136 (Mar. 27, 2020);
Families First Coronavirus Response Act, Public
Law 116–127 (Mar. 18, 2020).
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Dated: April 6, 2020.
Roxanne L. Rothschild,
Executive Secretary.
[FR Doc. 2020–07537 Filed 4–8–20; 8:45 am]
BILLING CODE 7545–01–P
DEPARTMENT OF LABOR
Wage and Hour Division
29 CFR Part 826
RIN 1235–AA35
Paid Leave Under the Families First
Coronavirus Response Act; Correction
Wage and Hour Division,
Department of Labor.
ACTION: Temporary rule; correction and
correcting amendment.
AGENCY:
The Department of Labor
published in the Federal Register on
April 6, 2020, a temporary rule to
implement public health emergency
leave under Title I of the Family and
Medical Leave Act (FMLA), and
emergency paid sick leave to assist
working families facing public health
emergencies arising out of Coronavirus
Disease 2019 (COVID–19) global
pandemic. The leave is created by a
time-limited statutory authority
established under the Families First
Coronavirus Response Act (FFCRA), and
is set to expire on December 31, 2020.
The FFCRA and the temporary rule do
not affect the FMLA after December 31,
2020. Through publication of this
document, the Department corrects
certain preamble and regulatory text.
DATES: This rule is effective from April
10, 2020, through December 31, 2020.
This rule became operational on April 1,
2020.
FOR FURTHER INFORMATION CONTACT:
Amy DeBisschop, Director, Division of
Regulations, Legislation, and
Interpretation, Wage and Hour Division,
U.S. Department of Labor, Room S–
3502, 200 Constitution Avenue NW,
Washington, DC 20210, telephone: (202)
693–0406 (this is not a toll-free
number).
SUMMARY:
The
Department of Labor published a
temporary rule in the Federal Register
on April 6, 2020 titled, Paid Leave
under the Families First Coronavirus
Response Act. 85 FR 19326. The
temporary rule contained an incorrect
calculation of hours worked in a
particular scenario (page 19329), a
paragraph within the preamble
describing regulatory text that was
erroneously included (page 19338),
along with incorrect cross references in
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 85, No. 70 / Friday, April 10, 2020 / Rules and Regulations
§§ 826.20 (page 19349, in the third
column), 826.22 (page 19350, second
column), and 826.100(d) (page 19355,
first column) of the regulatory text.
Additionally, the Department is
inserting omitted titles in § 826.30(d)
and (e) (page 19352, first column);
inserting a comma in § 826.30(b)(3) to
make a citation more accurate (page
19351, second column); correcting the
reference to 5102(a)(2) in
§ 826.30(c)(1)(iii) (page 19351, third
column); and making two corrections to
the text of § 826.50(d) (page 19353,
second column). The Department is
capitalizing a defined term for
consistency with the remainder of the
definition section (page 19348, third
column). Finally, the Department is
correcting a date in § 826.70(e) and
deleting § 826.70(f) (page 19354, first
and second columns) to be consistent
with the remainder of the regulations.
This action makes the necessary
corrections in the regulatory text and
preamble.
Corrections to Preamble
In rule FR Doc. 2020–07237,
published on April 6, 2020 (85 FR
19326), make the following corrections:
1. On page 19329, in the first column,
correct by revising ‘‘7.5 hours’’ to ‘‘6.5
hours.’’
2. On page 19338, in the second
column, under ‘‘III. Discussion’’ part G
is corrected by deleting the final
paragraph under the heading ‘‘G. Leave
to Care for a Child Due to School or
Place of Care Closure or Child Care
Unavailability—Intersection between
the EFMLEA and the FMLA’’.
List of Subjects in 29 CFR Part 826
For the reasons set out in the
preamble, the Department of Labor
corrects 29 CFR part 826 by making the
following correcting amendments:
PART 826—PAID LEAVE UNDER THE
FAMILIES FIRST CORONAVIRUS
RESPONSE ACT
1. The authority citation for part 826
continues to read as follows:
■
Authority: Pub. L. 116–127 sections
3102(b) and 5111(3); Pub. L. 116–136 section
3611(7).
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[Amended]
2. In § 826.10(a), remove ‘‘Subject to a
quarantine or isolation order’’ and add
in its place ‘‘Subject to a Quarantine or
Isolation Order’’.
■
3. In § 826.20, revise paragraphs (a)(7)
and (b) to read as follows:
■
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Paid leave entitlements.
(a) * * *
(7) Caring for an individual. An
Employee may take Paid Sick Leave for
the reason described in paragraph
(a)(1)(iv) of this section if the Employee
is unable to perform work for his or her
Employer and if the individual depends
on the Employee to care for him or her
and is either:
(i) Subject to a Quarantine or Isolation
Order as described in paragraph (a)(1)(i)
of this section; or
(ii) Has been advised to selfquarantine by a health care provider as
described in paragraph (a)(1)(ii) of this
section, because of a belief that—
(A) The individual has COVID–19;
(B) The individual may have COVID–
19 due to known exposure or symptoms;
or
(C) The individual is particularly
vulnerable to COVID–19.
*
*
*
*
*
(b) Qualifying reason for Expanded
Family and Medical Leave. An Eligible
Employee may take Expanded Family
and Medical Leave because he or she is
unable to work due to a need to care for
his or her Son or Daughter whose
School or Place of Care has been closed,
or whose Child Care Provider is
unavailable, for reasons related to
COVID–19. An Eligible Employee has
need to take Expanded Family and
Medical Leave for the purposes of this
paragraph (b) only if no suitable person
is available to care for his or her Son or
Daughter during the period of such
leave.
*
*
*
*
*
■ 4. Revise § 826.22 to read as follows:
§ 826.22
Leave.
Wages.
§ 826.10
§ 826.20
Amount of pay for Paid Sick
(a) Subject to paragraph (c) of this
section, for each hour of Paid Sick Leave
taken by an Employee for qualifying
reasons set forth in § 826.20(a)(1)(i)
through (iii), the Employer shall pay the
higher of:
(1) The Employee’s average regular
rate as computed under § 826.25;
(2) The Federal minimum wage to
which the Employee is entitled; or
(3) Any State or local minimum wage
to which the Employee is entitled.
(b) Subject to paragraph (c) of this
section, for each hour of Paid Sick Leave
taken by an Employee for qualifying
reasons set forth in § 826.20(a)(1)(iv)
through (vi), the Employer shall pay the
Employee two-thirds of the amount
described in § 826.24(a).
(c) The limitations on payments are as
follows:
(1) In no event shall an Employer be
required to pay more than $511 per day
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20157
and $5,110 in the aggregate per
Employee when an Employee takes Paid
Sick Leave for qualifying reasons set
forth in § 826.20(a)(1)(i) through (iii).
(2) In no event shall an Employer be
required to pay more than $200 per day
and $2,000 in the aggregate per
Employee when an Employee takes Paid
Sick Leave for qualifying reasons set
forth in § 826.20(a)(1)(iv) through (vi).
■ 5. In § 826.30, revise paragraphs (b)(3)
and (c)(1)(iii) and the heading for
paragraph (d) and add a heading for
paragraph (e) to read as follows:
§ 826.30
Employee eligibility for leave.
*
*
*
*
*
(b) * * *
(3) An Employee who has been
employed by a covered Employer for at
least thirty calendar days is eligible for
Expanded Family and Medical Leave
under the EFMLEA regardless of
whether the Employee would otherwise
be eligible for leave under the FMLA.
Thus, for example, an Employee need
not have been employed for 1,250 hours
of service and twelve months of
employment as otherwise required
under the FMLA, see § 825.110(a)(1) and
(2) of this chapter, to be eligible for
leave under the EFMLEA.
(c) * * *
(1) * * *
(iii) The definition of ‘‘health care
provider’’ contained in this section
applies only for the purpose of
determining whether an Employer may
elect to exclude an Employee from
taking leave under the EPSLA and/or
the EFMLEA, and does not otherwise
apply for purposes of the FMLA or
section 5102(a)(2) of the EPSLA.
*
*
*
*
*
(d) Exclusion by OMB from EFMLEA.
* * *
(e) Exclusion by OMB from EPSLA.
* * *
*
*
*
*
*
■ 6. Revise § 826.50(d) to read as
follows:
§ 826.50
Intermittent leave.
*
*
*
*
*
(d) Calculation of leave. If an
Employee takes Paid Sick Leave or
Expanded Family and Medical Leave
intermittently as the Employee and
Employer have agreed, only the amount
of leave actually taken may be counted
toward the Employee’s leave
entitlements. For example, an Employee
who normally works forty hours in a
workweek and only takes three hours of
leave each work day (for a weekly total
of fifteen hours) has only taken fifteen
hours of the Employee’s Paid Sick Leave
or 37.5% of a workweek of the
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Federal Register / Vol. 85, No. 70 / Friday, April 10, 2020 / Rules and Regulations
Employee’s Expanded Family and
Medical Leave entitlement.
■ 7. In § 826.70, revise the section
heading and paragraph (e) and remove
paragraph (f) to read as follows:
§ 826.70 Leave to care for a child due to
School or Place of Care closure or child
care unavailability—intersection of EFMLEA
and the FMLA.
*
*
*
*
*
(e) An Eligible Employee can take a
maximum of twelve workweeks of
Expanded Family and Medical Leave
during the period in which the leave
may be taken (April 1, 2020 to
December 31, 2020) even if that period
spans two FMLA leave twelve-month
periods. For example, if an Employer’s
twelve-month period begins on July 1,
and an Eligible Employee took seven
weeks of Expanded Family and Medical
Leave in May and June, 2020, the
Eligible Employee could only take up to
five additional weeks of Expanded
Family and Medical Leave between July
1 and December 31, 2020, even though
the first seven weeks of Expanded
Family and Medical Leave fell in the
prior twelve-month period.
■ 8. Revise § 826.100(d) to read as
follows:
§ 826.100
leave.
Documentation of need for
*
*
*
*
*
(d) To take Paid Sick Leave for a
qualifying COVID–19 related reason
under § 826.20(a)(1)(iv) an Employee
must additionally provide the Employer
with either:
(1) The name of the government entity
that issued the Quarantine or Isolation
Order to which the individual being
care for is subject; or
(2) The name of the health care
provider who advised the individual
being cared for to self-quarantine due to
concerns related to COVID–19.
*
*
*
*
*
Signed at Washington, DC, this 8th day of
April, 2020.
Cheryl M. Stanton,
Administrator, Wage and Hour Division.
[FR Doc. 2020–07711 Filed 4–8–20; 4:15 pm]
BILLING CODE 4510–27–P
DEPARTMENT OF THE TREASURY
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Office of Foreign Assets Control
31 CFR Part 510
North Korea Sanctions Regulations
Office of Foreign Assets
Control, Treasury.
ACTION: Final rule.
AGENCY:
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The Department of the
Treasury’s Office of Foreign Assets
Control (OFAC) is amending the North
Korea Sanctions Regulations to
implement the Treasury-administered
provisions of the North Korea Sanctions
and Policy Enhancement Act of 2016, as
amended by the Countering America’s
Adversaries Through Sanctions Act and
the National Defense Authorization Act
for Fiscal Year 2020. Specifically, OFAC
is incorporating blocking and
correspondent account sanctions
provisions, adding a new prohibition
that is applicable for persons that are
owned or controlled by a U.S. financial
institution and established or
maintained outside the United States,
adding new statutory exemptions
relevant to certain newly added
prohibitions, making technical and
conforming edits to three definitions,
revising an interpretive provision, and
updating the authorities and delegation
sections of the regulations. OFAC is also
amending the definition of luxury
goods.
DATES: This rule is effective April 10,
2020.
FOR FURTHER INFORMATION CONTACT:
OFAC: Assistant Director for Licensing,
tel.: 202–622–2480; Assistant Director
for Regulatory Affairs, tel.: 202–622–
4855; or Assistant Director for Sanctions
Compliance & Evaluation, tel.: 202–622–
2490.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Electronic Availability
This document and additional
information concerning OFAC are
available on OFAC’s website
(www.treasury.gov/ofac).
Background
On November 4, 2010, OFAC issued
the North Korea Sanctions Regulations,
31 CFR part 510 (75 FR 67912,
November 4, 2010) (the ‘‘Regulations’’).
Since then, OFAC has amended the
Regulations several times. This rule
amends the Regulations to incorporate
the Treasury-administered provisions of
the North Korea Sanctions and Policy
Enhancement Act of 2016, Public Law
114–122, 130 Stat. 93 (22 U.S.C. 9201–
9255) (NKSPEA), as amended by the
Countering America’s Adversaries
Through Sanctions Act, Public Law
115–44, 131 Stat. 886 (22 U.S.C. 9201 et
seq.) (CAATSA) and the National
Defense Authorization Act for Fiscal
Year 2020, Public Law 116–92, 133 Stat.
1198 (FY 2020 NDAA).
NKSPEA
On February 18, 2016, the President
signed NKSPEA into law. Among other
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things, section 104 of NKSPEA provides
that the President, with certain
exceptions, shall block and prohibit all
transactions in property and interests in
property that are in the United States,
that come within the United States, or
that are or come within control or
possession of a U.S. person of: The
Government of North Korea, the
Workers’ Party of Korea, and other
persons the President determines
knowingly engage in certain North
Korea-related activities.
On August 2, 2017, the President
signed CAATSA into law. Title III of
CAATSA, among other things, amends
NKSPEA. Section 311(a) of CAATSA
amends section 104(a) of NKSPEA to
provide that the President shall, with
certain exceptions, block and prohibit
all transactions in property and interests
in property that are in the United States,
that come into the United States, or that
are or come into the possession of U.S.
persons of any person the President
determines knowingly, directly or
indirectly, imports, exports, or reexports
to or from North Korea any defense
article or defense service or engages in
certain other North Korea-related
activities. Section 104(b) of NKSPEA
provides that the President may, with
certain exceptions, block any person
that knowingly engages in, contributes
to, assists, sponsors, or provides
financial, material, or technological
support for, or goods and services in
support of, any sanctioned person.
On December 20, 2019, the President
signed the FY 2020 NDAA. Title LXXI
of the 2020 NDAA, titled the ‘‘Otto
Warmbier North Korea Sanctions and
Enforcement Act of 2019,’’ among other
things, amends NKSPEA by adding new
sections 104(g), 201B, and 201C.
NKSPEA section 104(g) requires the
President to designate any person that
he determines knowingly engages in
certain specified North Korea-related
activities.
New section 201B of NKSPEA
requires the Secretary of the Treasury to
impose sanctions with respect to any
foreign financial institution (FFI) that
the Secretary of the Treasury
determines, in consultation with the
Secretary of State, knowingly on or after
April 18, 2020, provides significant
financial services to any person
designated for the imposition of
sanctions with respect to North Korea
under NKSPEA subsections 104(a),
104(b), or 104(g), an applicable
Executive order, or an applicable United
Nations Security Council resolution.
Section 201B provides that the Secretary
may impose blocking sanctions on such
FFIs, or may prohibit or impose strict
conditions on the opening or
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]]>Agencies
[Federal Register Volume 85, Number 70 (Friday, April 10, 2020)]
[Rules and Regulations]
[Pages 20156-20158]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07711]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Wage and Hour Division
29 CFR Part 826
RIN 1235-AA35
Paid Leave Under the Families First Coronavirus Response Act;
Correction
AGENCY: Wage and Hour Division, Department of Labor.
ACTION: Temporary rule; correction and correcting amendment.
-----------------------------------------------------------------------
SUMMARY: The Department of Labor published in the Federal Register on
April 6, 2020, a temporary rule to implement public health emergency
leave under Title I of the Family and Medical Leave Act (FMLA), and
emergency paid sick leave to assist working families facing public
health emergencies arising out of Coronavirus Disease 2019 (COVID-19)
global pandemic. The leave is created by a time-limited statutory
authority established under the Families First Coronavirus Response Act
(FFCRA), and is set to expire on December 31, 2020. The FFCRA and the
temporary rule do not affect the FMLA after December 31, 2020. Through
publication of this document, the Department corrects certain preamble
and regulatory text.
DATES: This rule is effective from April 10, 2020, through December 31,
2020. This rule became operational on April 1, 2020.
FOR FURTHER INFORMATION CONTACT: Amy DeBisschop, Director, Division of
Regulations, Legislation, and Interpretation, Wage and Hour Division,
U.S. Department of Labor, Room S-3502, 200 Constitution Avenue NW,
Washington, DC 20210, telephone: (202) 693-0406 (this is not a toll-
free number).
SUPPLEMENTARY INFORMATION: The Department of Labor published a
temporary rule in the Federal Register on April 6, 2020 titled, Paid
Leave under the Families First Coronavirus Response Act. 85 FR 19326.
The temporary rule contained an incorrect calculation of hours worked
in a particular scenario (page 19329), a paragraph within the preamble
describing regulatory text that was erroneously included (page 19338),
along with incorrect cross references in
[[Page 20157]]
Sec. Sec. 826.20 (page 19349, in the third column), 826.22 (page
19350, second column), and 826.100(d) (page 19355, first column) of the
regulatory text. Additionally, the Department is inserting omitted
titles in Sec. 826.30(d) and (e) (page 19352, first column); inserting
a comma in Sec. 826.30(b)(3) to make a citation more accurate (page
19351, second column); correcting the reference to 5102(a)(2) in Sec.
826.30(c)(1)(iii) (page 19351, third column); and making two
corrections to the text of Sec. 826.50(d) (page 19353, second column).
The Department is capitalizing a defined term for consistency with the
remainder of the definition section (page 19348, third column).
Finally, the Department is correcting a date in Sec. 826.70(e) and
deleting Sec. 826.70(f) (page 19354, first and second columns) to be
consistent with the remainder of the regulations. This action makes the
necessary corrections in the regulatory text and preamble.
Corrections to Preamble
In rule FR Doc. 2020-07237, published on April 6, 2020 (85 FR
19326), make the following corrections:
1. On page 19329, in the first column, correct by revising ``7.5
hours'' to ``6.5 hours.''
2. On page 19338, in the second column, under ``III. Discussion''
part G is corrected by deleting the final paragraph under the heading
``G. Leave to Care for a Child Due to School or Place of Care Closure
or Child Care Unavailability--Intersection between the EFMLEA and the
FMLA''.
List of Subjects in 29 CFR Part 826
Wages.
For the reasons set out in the preamble, the Department of Labor
corrects 29 CFR part 826 by making the following correcting amendments:
PART 826--PAID LEAVE UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE
ACT
0
1. The authority citation for part 826 continues to read as follows:
Authority: Pub. L. 116-127 sections 3102(b) and 5111(3); Pub.
L. 116-136 section 3611(7).
Sec. 826.10 [Amended]
0
2. In Sec. 826.10(a), remove ``Subject to a quarantine or isolation
order'' and add in its place ``Subject to a Quarantine or Isolation
Order''.
0
3. In Sec. 826.20, revise paragraphs (a)(7) and (b) to read as
follows:
Sec. 826.20 Paid leave entitlements.
(a) * * *
(7) Caring for an individual. An Employee may take Paid Sick Leave
for the reason described in paragraph (a)(1)(iv) of this section if the
Employee is unable to perform work for his or her Employer and if the
individual depends on the Employee to care for him or her and is
either:
(i) Subject to a Quarantine or Isolation Order as described in
paragraph (a)(1)(i) of this section; or
(ii) Has been advised to self-quarantine by a health care provider
as described in paragraph (a)(1)(ii) of this section, because of a
belief that--
(A) The individual has COVID-19;
(B) The individual may have COVID-19 due to known exposure or
symptoms; or
(C) The individual is particularly vulnerable to COVID-19.
* * * * *
(b) Qualifying reason for Expanded Family and Medical Leave. An
Eligible Employee may take Expanded Family and Medical Leave because he
or she is unable to work due to a need to care for his or her Son or
Daughter whose School or Place of Care has been closed, or whose Child
Care Provider is unavailable, for reasons related to COVID-19. An
Eligible Employee has need to take Expanded Family and Medical Leave
for the purposes of this paragraph (b) only if no suitable person is
available to care for his or her Son or Daughter during the period of
such leave.
* * * * *
0
4. Revise Sec. 826.22 to read as follows:
Sec. 826.22 Amount of pay for Paid Sick Leave.
(a) Subject to paragraph (c) of this section, for each hour of Paid
Sick Leave taken by an Employee for qualifying reasons set forth in
Sec. 826.20(a)(1)(i) through (iii), the Employer shall pay the higher
of:
(1) The Employee's average regular rate as computed under Sec.
826.25;
(2) The Federal minimum wage to which the Employee is entitled; or
(3) Any State or local minimum wage to which the Employee is
entitled.
(b) Subject to paragraph (c) of this section, for each hour of Paid
Sick Leave taken by an Employee for qualifying reasons set forth in
Sec. 826.20(a)(1)(iv) through (vi), the Employer shall pay the
Employee two-thirds of the amount described in Sec. 826.24(a).
(c) The limitations on payments are as follows:
(1) In no event shall an Employer be required to pay more than $511
per day and $5,110 in the aggregate per Employee when an Employee takes
Paid Sick Leave for qualifying reasons set forth in Sec.
826.20(a)(1)(i) through (iii).
(2) In no event shall an Employer be required to pay more than $200
per day and $2,000 in the aggregate per Employee when an Employee takes
Paid Sick Leave for qualifying reasons set forth in Sec.
826.20(a)(1)(iv) through (vi).
0
5. In Sec. 826.30, revise paragraphs (b)(3) and (c)(1)(iii) and the
heading for paragraph (d) and add a heading for paragraph (e) to read
as follows:
Sec. 826.30 Employee eligibility for leave.
* * * * *
(b) * * *
(3) An Employee who has been employed by a covered Employer for at
least thirty calendar days is eligible for Expanded Family and Medical
Leave under the EFMLEA regardless of whether the Employee would
otherwise be eligible for leave under the FMLA. Thus, for example, an
Employee need not have been employed for 1,250 hours of service and
twelve months of employment as otherwise required under the FMLA, see
Sec. 825.110(a)(1) and (2) of this chapter, to be eligible for leave
under the EFMLEA.
(c) * * *
(1) * * *
(iii) The definition of ``health care provider'' contained in this
section applies only for the purpose of determining whether an Employer
may elect to exclude an Employee from taking leave under the EPSLA and/
or the EFMLEA, and does not otherwise apply for purposes of the FMLA or
section 5102(a)(2) of the EPSLA.
* * * * *
(d) Exclusion by OMB from EFMLEA. * * *
(e) Exclusion by OMB from EPSLA. * * *
* * * * *
0
6. Revise Sec. 826.50(d) to read as follows:
Sec. 826.50 Intermittent leave.
* * * * *
(d) Calculation of leave. If an Employee takes Paid Sick Leave or
Expanded Family and Medical Leave intermittently as the Employee and
Employer have agreed, only the amount of leave actually taken may be
counted toward the Employee's leave entitlements. For example, an
Employee who normally works forty hours in a workweek and only takes
three hours of leave each work day (for a weekly total of fifteen
hours) has only taken fifteen hours of the Employee's Paid Sick Leave
or 37.5% of a workweek of the
[[Page 20158]]
Employee's Expanded Family and Medical Leave entitlement.
0
7. In Sec. 826.70, revise the section heading and paragraph (e) and
remove paragraph (f) to read as follows:
Sec. 826.70 Leave to care for a child due to School or Place of Care
closure or child care unavailability--intersection of EFMLEA and the
FMLA.
* * * * *
(e) An Eligible Employee can take a maximum of twelve workweeks of
Expanded Family and Medical Leave during the period in which the leave
may be taken (April 1, 2020 to December 31, 2020) even if that period
spans two FMLA leave twelve-month periods. For example, if an
Employer's twelve-month period begins on July 1, and an Eligible
Employee took seven weeks of Expanded Family and Medical Leave in May
and June, 2020, the Eligible Employee could only take up to five
additional weeks of Expanded Family and Medical Leave between July 1
and December 31, 2020, even though the first seven weeks of Expanded
Family and Medical Leave fell in the prior twelve-month period.
0
8. Revise Sec. 826.100(d) to read as follows:
Sec. 826.100 Documentation of need for leave.
* * * * *
(d) To take Paid Sick Leave for a qualifying COVID-19 related
reason under Sec. 826.20(a)(1)(iv) an Employee must additionally
provide the Employer with either:
(1) The name of the government entity that issued the Quarantine or
Isolation Order to which the individual being care for is subject; or
(2) The name of the health care provider who advised the individual
being cared for to self-quarantine due to concerns related to COVID-19.
* * * * *
Signed at Washington, DC, this 8th day of April, 2020.
Cheryl M. Stanton,
Administrator, Wage and Hour Division.
[FR Doc. 2020-07711 Filed 4-8-20; 4:15 pm]
BILLING CODE 4510-27-P
