Please be advised that we have prepared this content based on the information we have as of the date it was compiled. We are making every effort to update this content as new information become available. Please also be advised that the information herein is presented on a summary level to give you a well-rounded and quick guide of the CARE act benefits and programs. More details are available of each program, and you are encouraged to read source documents and visit the websites of the SBA department at www.SBA.org as well as the employment department website of your state.
These are some of the questions that you might be asking yourself, and you should, about the CARES Act. We have put a quick guide to help you navigate through the options. Please be aware that we have summarized the data to present you with the most relevant information for most small businesses, however, there are more details available that would apply to special cases. If you want to know what works for your situation personally, please contact us for a 100% free consultation.
We believe that the best approach to figure out the best program that fits you, is to go through the specifics for each program and how it applies to your business situation.
- “Paid sick leave” – means paid leave under the Emergency Paid Sick Leave Act.
- “Expanded family and medical leave” – means paid leave under the Emergency Family and Medical Leave Expansion Act.
| Families First Coronavirus Response Act (FFCRA) | Paid Sick Leave | Paid Family Leave |
|---|---|---|
| Covered employer | -500 or fewer employees. | |
| -Independent contractors are NOT included in the count | ||
| -Temporary employees of all types are included in the count | ||
| (if you have 50 or fewer employees, see the exceptions section below) | ||
| Eligibility criteria | The employee or someone they care for was asked to self-quarantine. | the employee is caring for his or her son or daughter whose school or place of care is closed or whose child-care provider is unavailable for reasons related to COVID-19. |
| the employee is experiencing COVID-19 symptoms | ||
| Eligible employee | All employees regardless of the length of employment are eligible if they | -Employed 30+ days |
| -Care for children whose schools were closed due to coronavirus | ||
| -Cannot work remotely | ||
| -Cannot work while caring for children | ||
| Number of weeks to be paid | (2 weeks) 80 Hours of regular pay rate for full time employees. | Full time employees: |
| -12 weeks | ||
| Part time employees should receive the number of hours they typically work in a 2-week period | -First 2 weeks unpaid | |
| - The following 10 weeks are paid at 40 hours per week | ||
| (over time needs to be added if applicable) | ||
| Part time employees: | ||
| the number of hours that the employee is normally scheduled to work over that period. | ||
| See https://www.dol.gov/agencies/whd/pandemic/ffcra-questions for more details and special cases | ||
| Calculation of pay | If: | 2/3 their regular rate or 2/3 the applicable minimum wage, whichever is higher, up to $200 per day and $12,000 in the aggregate (over a 12-week period) |
| -Employee is experiencing symptoms | ||
| -Advised by a doctor to self-quarantine | Please note that, $2000 of that amount is considered under the sick leave, and the rest is under the family leave, for an aggregate of $12K for the 12 weeks, unless the employee is subject to the $511 per day calculation | |
| - Subject to a Federal, State, or local quarantine or isolation order | ||
| Then | ||
| Regular rate or the applicable minimum wage, whichever is higher, up to $511 per day and $5,110 in the aggregate (over a 2-week period). | ||
| Unless, | ||
| If: | ||
| -Caring for someone who is Subject to a Federal, State, or local quarantine or isolation order | ||
| Then | ||
| 2/3 their regular rate or 2/3 the applicable minimum wage, whichever is higher, up to $200 per day and $2,000 in the aggregate (over a 2-week period). | ||
| How to pay it | First 10 days, employer offer employees unpaid leave or accrued paid leave/ vacation | |
| Tax Credit | -dollar-for-dollar reimbursement for all qualifying wages paid under the FFCRA | |
| -amounts paid or incurred to maintain health insurance coverage | ||
The above summary covers only the main points of the “Families First Coronavirus Response Act”, however, there remains a lot more details that apply to special cases related to regular pay, timing of payment, credits, exceptions and more. We encourage you to visit the questions and answers page at https://www.dol.gov/agencies/whd/pandemic/ffcra-questions
What are the exemptions for small businesses under 50 Employees?
Business with under 50 Employees can be exempt from this requirement if:
(a) providing the leave would result in the small business’ expenses and financial obligations exceeding available business revenues and cause the employer to cease operating at a minimal capacity;
(b) the absence of the employee or employees requesting such leave would entail a substantial risk to the financial health or operational capabilities of the employer because of their specialized skills, knowledge of the business or responsibilities; or
(c) there are not sufficient workers who are able, willing, and qualified, and who will be available at the time and place needed, to perform the labor or services provided by the employee or employees requesting the leave, and these labor or services are needed for the small business to operate at a minimal capacity.
Please note that the exceptions apply for the situation where the sick leave or family leave is for the purpose of closure of child’s school or place of care. Small business owners planning to claim this exemption should document clearly why they believe their business meets the criteria set by the department.
If you are an existing SBA borrower, you will be eligible for relief as follows:
- SBA will cover your payment (principal and interest) for a period of 6 months starting with your next payment.
- Any other loans that you are approved for and are funded by the SBA will have a 6-months deferral where the SBA will cover your principal and interest payment.
Contact your existing SBA lender to inquire on these deferments