This new relief bill does not require employers to provide emergency paid leave, instead making it optional for them to offer this benefit. Covered Employers are not required to provide any emergency paid leave pursuant to the ARPA.The ARPA makes amendments to the CAA and the CARES Act. However, employers are no longer mandated to provide and employees are not entitled to such leave beyond December 31, 2020.
The Consolidated Appropriations Act (“CAA”) enacted in December 2020 extended the above paid leave provisions of the FFCRA to March 31, 2021, at the employer’s option. For a more detailed explanation, view our alert on DOL Paid Leave Regulations – Top Ten Takeaways. Įmployers may deny leave if there is no work available. Note that even if an employee is eligible to take EFML leave, they may not be eligible for FMLA leave. In comparison, EFML provided Eligible Employees with an additional ten weeks of paid family and medical leave at two-thirds of their regular wages to care for a child whose school or place of care is closed, or whose care provider is unavailable, due to a COVID-19 related reason. The EPSL provided two weeks of paid sick leave.
This legal update provides some key features of this law that all employers should be aware of relating to employee leave and will be the first of other Eckert Seamans COVID-19 alerts discussing the ARPA. This $1.9 trillion stimulus package provides, among other relief, adoption of a paid leave plan, funding for vaccinations, aid to working families, and support to businesses. On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (“ARPA”) into law as a response to the continuing effects of the COVID-19 pandemic and corresponding economic crises. Key Takeaways for Employers: The ARPA’s Expanded Sick/Family Medical Leave and COBRA Benefits