Q & A - Emergency Paid Sick Leave Act Clarification

This question came to me recently (this week) and I was wrong (it can happen).  Below is the correct answer from the Department of Labor:

If I am an employer, may I use the paid sick leave mandated under the EPSLA to satisfy paid leave entitlements that an employee may have under my paid leave policy?

 

No, unless your employee agrees. Paid sick leave under the EPSLA is in addition to your employee’s (including Federal Employees’) other leave entitlements. You may not require your employee to use provided or accrued paid vacation, personal, medical, or sick leave before the paid sick leave. You also may not require your employee to use such existing leave concurrently with the paid sick leave under the EPSLA. But if you and your employee agree, your employee may use preexisting leave entitlements to supplement the amount he or she receives from paid sick leave, up to the employee’s normal earnings. Note, however, that you are not entitled to a tax credit for any paid sick leave that is not required to be paid or exceeds the limits set forth under the EPSLA. You are free to amend your own policies to the extent consistent with applicable law.

You learn something new every day in the COVID world.  HR Partners will keep you up-to-date on what you need to know.  Questions?  Concerns?  Call HR Partners at 785-233-7860.

What our clients say...

Beachner Grain, Inc.

   Seth Born
   Comptroller/HR
   Beachner Grain, Inc.
 

“We began working with HR Partners to help us fill an important position in our organization.  They offered some new and effective methods for helping us advertise the open position and were instrumental in assisting us with following up on potential candidates.

Since that initial engagement, we’ve utilized the expertise of HR Partners for a wide range of human resources services, from staffing assistance to general HR management advice.  Their entire staff has been exceptional.  They are professional, knowledgeable, responsive, and enjoyable to work with.   We are very happy with their service and intend to continue to rely on them as a trusted business partner.”