View all text of Subchapter I [§ 2611 - § 2620]
§ 2620. Public health emergency leave
(a) DefinitionsThe following shall apply with respect to leave under section 2612(a)(1)(F) of this title:
(1) Application of certain termsThe definitions in section 2611 of this title shall apply, except as follows:
(A) Eligible employee
(i) In general
(ii)1
1 So in original. Two cls. (ii) have been enacted.
Rule regarding rehired employees(ii)1 Special rule
(B) Employer threshold
(2) Additional definitionsIn addition to the definitions described in paragraph (1), the following definitions shall apply with respect to leave under section 2612(a)(1)(F) of this title:
(A) Qualifying need related to a public health emergency
(B) Public health emergency
(C) Child care provider
(D) School
(3) Regulatory authoritiesThe Secretary of Labor shall have the authority to issue regulations for good cause under sections 553(b)(B) and 553(d)(3) of title 5—
(A) to exclude certain health care providers and emergency responders from the definition of eligible employee under subsection (a)(1)(A);
(B) to exempt small businesses with fewer than 50 employees from the requirements of section 2612(a)(1)(F) of this title when the imposition of such requirements would jeopardize the viability of the business as a going concern; and
(C) as necessary to carry out the purposes of this Act, including to ensure consistency between this Act and Division E and Division G of the Families First Coronavirus Response Act.
(4) The Director of the Office of Management and Budget shall have the authority to exclude for good cause from the requirements under subsection (b) certain employers of the United States Government with respect to certain categories of Executive Branch employees.
(b) Relationship to paid leave
(1) Unpaid leave for initial 10 days
(A) In general
(B) Employee election
(2) Paid leave for subsequent days
(A) In general
(B) Calculation
(i) In generalSubject to clause (ii), paid leave under subparagraph (A) for an employee shall be calculated based on—(I) an amount that is not less than two-thirds of an employee’s regular rate of pay (as determined under section 207(e) of this title); and(II) the number of hours the employee would otherwise be normally scheduled to work (or the number of hours calculated under subparagraph (C)).
(ii) Limitation
(C) Varying schedule hours calculationIn the case of an employee whose schedule varies from week to week to such an extent that an employer is unable to determine with certainty the number of hours the employee would have worked if such employee had not taken leave under section 2612(a)(1)(F) of this title, the employer shall use the following in place of such number:
(i) Subject to clause (ii), a number equal to the average number of hours that the employee was scheduled per day over the 6-month period ending on the date on which the employee takes such leave, including hours for which the employee took leave of any type.
(ii) If the employee did not work over such period, the reasonable expectation of the employee at the time of hiring of the average number of hours per day that the employee would normally be scheduled to work.
(c) Notice
(d) Restoration to position
(1) In general
(2) ConditionsThe conditions described in this paragraph are the following:
(A) The employee takes leave under section 2612(a)(1)(F) of this title.
(B) The position held by the employee when the leave commenced does not exist due to economic conditions or other changes in operating conditions of the employer—
(i) that affect employment; and
(ii) are caused by a public health emergency during the period of leave.
(C) The employer makes reasonable efforts to restore the employee to a position equivalent to the position the employee held when the leave commenced, with equivalent employment benefits, pay, and other terms and conditions of employment.
(D) If the reasonable efforts of the employer under subparagraph (C) fail, the employer makes reasonable efforts during the period described in paragraph (3) to contact the employee if an equivalent position described in subparagraph (C) becomes available.
(3) Contact periodThe period described under this paragraph is the 1-year period beginning on the earlier of—
(A) the date on which the qualifying need related to a public health emergency concludes; or
(B) the date that is 12 weeks after the date on which the employee’s leave under section 2612(a)(1)(F) of this title commences.
(Pub. L. 103–3, title I, § 110, as added Pub. L. 116–127, div. C, § 3102(b), Mar. 18, 2020, 134 Stat. 189; Pub. L. 116–136, div. A, title III, §§ 3601, 3604(a), 3605, 3611(1), (3), (7), div. B, title IX, § 19008, Mar. 27, 2020, 134 Stat. 410, 411, 414, 415, 579.)