Am I eligible?
The paid sick time under subsection (a) shall be available for immediate use by the employee for the purposes described in such subsection, regardless of how long the employee has been employed by an employer.
(a) In general.—An employer shall provide to each employee employed by the employer paid sick time to the extent that the employee is unable to work (or telework) due to a need for leave because:
(1) The employee is subject to a Federal, State, or local quarantine or isolation order related to COVID–19.
(2) The employee has been advised by a health care provider to self-quarantine due to concerns related to COVID–19.
(3) The employee is experiencing symptoms of COVID–19 and seeking a medical diagnosis.
(4) The employee is caring for an individual who is subject to an order as described in subparagraph (1) or has been advised as described in paragraph (2).
(5) The employee is caring for a son or daughter of such employee if the school or place of care of the son or daughter has been closed, or the child care provider of such son or daughter is unavailable, due to COVID–19 precautions.
(6) The employee is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services in consultation with the Secretary of the Treasury and the Secretary of Labor.
Employers of health care workers or emergency responders may elect to exclude employees from this.
How long will I get it?
Paid sick time provided to an employee under this Act shall cease beginning with the employee’s next scheduled workshift immediately following the termination of the need for paid sick time.
How much paid time will I get?
For full-time employees, 80 hours. For part-time employees, a number of hours equal to the number of hours that such employee works, on average, over a 2-week period. There is a varying schedule hours calculation available for employees whose schedule varies from week-to-week. But the Secretary of Labor is to make guidelines to actually show us how to do this within 15 days.
As to sequencing, an employer may not require an employee to use other paid leave provided by the employer to the employee before the employee uses the paid sick time under the Act.
Under the new law, it shall be unlawful for any employer to discharge, discipline, or in any other manner discriminate against any employee who—
(1) takes leave in accordance with this Act; and
(2) has filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act (including a proceeding that seeks enforcement of this Act), or has testified or is about to testify in any such proceeding.
(1) failed to pay minimum wages in violation of section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206); and
(2) be subject to the penalties described in sections 16 and 17 of such Act (29 U.S.C. 216; 217) with respect to such violation.
An employer who willfully violates the sick leave requirement shall—
(1) be considered to be in violation of section 15(a)(3) of the Fair Labor Standards Act of 1938 (29 U.S.C. 215(a)(3)); and
(2) be subject to the penalties
described in sections 16 and 17 of such Act (29 U.S.C. 216; 217) with respect to such violation.