An employer, including a religious or nonprofit organization, with fewer than 50 employees (small business) is exempt from providing (a) paid sick leave due to school or place of care closures or child care provider unavailability for COVID-19 related reasons and (b) expanded family and medical leave due to school or place of care closures or child care provider unavailability for COVID-19 related reasons when doing so would jeopardize the viability of the small business as a going concern. A small business may claim this exemption if an authorized officer of the business has determined that the business meets all the requirements to be considered exempt.
If your employer has not met the requirements and is not exempt, they must provide expanded family and medical leave to all eligible employees. To determine your eligibility, answer the question below.
Which of the following situations applies to you?
- How do I know whether I have “been employed for at least 30 calendar days by the employer” for purposes of expanded family and medical leave?
- Assuming I am a covered employer, which of my employees are eligible for paid sick leave and expanded family and medical leave?
- When does the small business exemption apply to exclude a small business from the provisions of the Emergency Paid Sick Leave Act and Emergency Family and Medical Leave Expansion Act?