» COVID-19 and How It May Impact the Rights of Texas Employers and Employees

COVID-19 and How It May Impact the Rights of Texas Employers and Employees

The COVID-19 pandemic has dramatically impacted our country since arriving on United States soil. City, county, state and federal lawmakers have scrambled to keep up with the rapid spread of the virus. In Texas, Governor Abbott signed a state-wide stay-at-home order, requiring the closure of schools, non-essential businesses and many government offices. Cities and counties have issued their own orders, and Governor Abbott has revised and amended his orders. These actions have created many concerns regarding Texas employment law.

Business owners and employees face different, yet equally serious, concerns about how the novel coronavirus and the state’s response to it will affect them. Lawmakers have stepped in to address some of these concerns.

The Families First Coronavirus Response Act

One of the most important new laws that Texas employers and employees should familiarize themselves with is the Families First Coronavirus Response Act (Families First Act). The Families First Act requires certain employers to provide employees with paid sick leave or expanded family and medical leave for specified reasons related to COVID-19. The amount of leave employers that are covered by the Act must provide is dependent on the reason for the requested leave:

Two weeks of paid sick leave at an employee’s regular rate of pay must be provided to:

  • Employees who are unable to work because they are quarantined pursuant to state, federal or local orders, or have been ordered to do so by a healthcare professional; or
  • Employees who are experiencing symptoms of COVID-19 and are seeking a medical diagnosis.

Two weeks of paid sick leave at two-thirds of an employee’s regular rate of pay must be provided to:

  • Employees who need to take time to care for an individual who is in quarantine;
  • Employees who need time to care for a child whose school is closed due to concerns surrounding COVID-19; or
  • Employees who are experiencing a substantially similar condition.

Up to an additional 10 weeks of paid expanded family and medical leave at two-thirds of an employee’s regular wage must be provided to:

  • Employees who have been with the organization for 30 or more days and are unable to work because they must care for a child whose school or childcare provider is closed due to the COVID-19 pandemic.

The Act covers the period between April 1, 2020 and December 31, 2020 and only applies to covered employers. The Act defines a covered employer as:

  • Public employers, and
  • Private employers with fewer than 500 employees.

Notably, small businesses with fewer than 50 employees may be exempt from the Families First Act’s provision regarding paid leave for an employee’s child-care needs, if providing such leave would jeopardize the business’ continued viability. Additionally, all employees, regardless of the amount of time they have been employed with an organization, are eligible for the two weeks of paid sick leave. However, only employees who have worked for the organization for more than 30 days are eligible for the 10 weeks of expanded family and medical leave.

The Act also imposes limits on the total amount employers are required to pay. For example, employees who cannot work because they are quarantined can receive a maximum of $511 per day, or a total of $5,110. Employees who take leave to care for a child are eligible for a maximum of $200 per day, or $2,000 in total.

To be sure, the interplay between the Families First Act and the Family and Medical Leave Act (FMLA) can be complicated, and employers or employees who have questions about the required amount of leave should reach out to a dedicated Austin employment lawyer for immediate assistance.

Contact a Travis County Employment Attorney

If you have concerns about your rights, either as an employee or as an employer, contact the Law Offices of Gregory D. Jordan. Attorney Jordan is a veteran Texas employment attorney with over 30 years of experience representing both employees and employers in a diverse range of employment matters. He commands an in-depth understanding of various state and federal employment laws, and is ready to put this advanced knowledge to use in your case. To learn more, and to schedule a consultation today, call 512-419-0684 today.

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