When the Families First Coronavirus Response Act (FFCRA) was passed, it created new protections for employees that last through December 31, 2020. Employers with more than 50 employees but less than 500 employees must conform with the act. The Act provides that to be eligible an employee must have been employed for 30 calendar days before they can claim these protections. If an employee cannot work because of 1) a Federal, State, or local quarantine order; 2) a doctor ordered the employee to self-quarantine; 3) the employee is experiencing symptoms of COVID-19; 4) the employee is caring for an individual who is experiencing symptoms of COVID-19; 5) the daycare or school of an employee’s child is closed due to COVID-19 and the employee needs to provide care to their child or children; or 6) the employee is experiencing any other substantially similar condition identified by the Secretary of Health, then the employee is protected.
Under these protections unlawful for an employer to terminate an employee who qualifies for these protections. If an employee is terminated and qualifies for protection under this new act, the employee could be violating the Family Medical Leave Act and/or the Americans with Disabilities Act. For further information or questions please contact our office at 817-924-8600.