your employer continues to make reasonable efforts to contact you for one year beginning either on the date the leave related to COVID-19 reasons concludes or the date 12 weeks after your leave began, whichever is earlier. In the instance where your employer does not have work for you as a result of a shelter-in-place or a stay-at-home order, please see Questions 23-27. This is true whether your employer closes your worksite for lack of business or because it was required to close pursuant to a Federal, State or local directive. May I take paid sick leave under the Emergency Paid Sick Leave Act? To elect this small business exemption, you should document why your business with fewer than 50 employees meets the criteria set forth by the Department, which will be addressed in more detail in forthcoming regulations. Those enforcement provisions state that the employer shall be liable to the employee or employees affected in the amount of their unpaid minimum wages. For the purposes of the FFCRA, the amount of unpaid minimum wages does not refer to the federal minimum wage of $7.25 per hour, but rather to the hourly wage at which the employer must compensate you for taking paid sick leave, which is, generally, the greater of your regular rate or the applicable minimum wage (federal, state, or local). As of the date your employer closes your worksite, you are no longer entitled to paid sick leave or expanded family and medical leave, but you may be eligible for unemployment insurance benefits. However, the employee may be able to take leave if his or her childs care provider during the summera camp or other programs in which the employees child is enrolledis closed or unavailable for a COVID-19 related reason. If your employee has been employed for less than six months, you may compute the average regular rate over the entire period during which the employee was employed. Such a fund, plan, or other program must allow employees to secure or obtain their pay for the related leave they take under the Act. /*-->
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