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...

Grandstand Glassware & Apparel

Gwen Denton
Human Resources Director 
Grandstand Glassware & Apparel

"I have worked with HR Partners for over two (2) years in an advisory and legal capacity. The HR Partners Team has made themselves available with little notice when I’ve been in need of their expertise in an immediate situation.

They are available when I want to bounce an idea or will just listen when I need to work through a situation. They have assisted with phone screens, job descriptions, policies, unemployment, FMLA, HR audit, and so much more. They are very easy to work with and I have always felt they ‘really’ cared about assisting me and our organization. Their guidance has helped me grow personally in my knowledge which extends to being a better HR Professional for my employees and my company.

Thank you HR Partners!"