Emergency Family & Medical Leave Expansion Act

The Emergency Family and Medical Leave Expansion Act amended the Family and Medical Leave Act to allow employees of employers with fewer than 500 employees and government employers to take 12 weeks of job-protected leave related to an emergency with respect to COVID-19 declared by federal, state or local authority if the employee is unable to work (or telework) due to a need for leave to care for son or daughter under 18 years of age if the school or place of care has been closed as a result of the emergency.

The first 10 days of leave may be unpaid leave, while the remainder of the 12 weeks must be paid leave. An employee may elect to substitute accrued paid vacation leave, personal leave, medical or sick leave. Eligible employees are those employed for at least 30 days.