You cannot take emergency FMLA leave to care for a child who isn’t typically your responsibility, such as a nephew who you sometimes watch after school but who lives with your sister. You can also take emergency leave to care for a child if you usually act as a parent to them-for example, a grandchild or younger sister who has lived with you for the past few years and whose clothes and food you buy. You can take emergency FMLA leave to care for a child you are a legal guardian for (such as your ward, foster child, adopted child, or stepchild). Can I take emergency FMLA leave to care for them? I take care of a child who is not my biological child. Only if your child has a disability and cannot take care of themselves, and their normal care provider is unavailable due to COVID-19. The total amount of leave you take can still only add up to 12 weeks. Can I take emergency FMLA leave just for the days or hours when I'm taking care of my child, and work on the other days? Yes, but only if your employer agrees. I have partial custody, or my child's daycare is only partially shut down. For example, if you usually earn $10 an hour, work 40 hours per week, and make $400 per week, your pay during this period of emergency FMLA leave would be: $400 x 2/3 = $266.67 per week. Your employer cannot force you to use other forms of paid leave.įor the next 10 weeks of emergency FMLA leave, the employer must pay two-thirds of an employee's regular pay rate at the hours the employee would usually be scheduled to work, up to a maximum of $200 per day or $10,000 total. The first ten days of emergency FMLA leave don’t have to be paid, but you can use any paid leave you had already earned, or the Emergency Paid Sick Leave described below.
You need to have worked for your employer for at least 30 calendar days. There are two types of FMLA leave.Ī) Emergency FMLA leave: Starting April 1, 2020, and until Dec 31, 2020, if you work for an employer with fewer than 500 employees, you can get emergency FMLA leave if you are unable to work because you need to care for your child whose school is closed or childcare provider is unavailable because of the pandemic (COVID-19/coronavirus). THE FAMILY AND MEDICAL LEAVE ACT (FMLA) requires state and local government employers and some private employers to provide 12 weeks of job-protected FMLA leave for certain family and medical reasons, including reasons related to COVID-19.
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