The Emergency Family and Medical Leave Expansion Act Act (EFMLEA)


Benefit Basics:

  • - Employee can only use EFMLEA leave to care for his or her son or daughter whose school or place of
      care is closed (or child care provider is unavailable) due to COVID-19 related reasons 
  • - Up to 12 workweeks of job-protected leave, with continuation of health insurance
  • - Initial 2 weeks unpaid
  • - Remaining 10 weeks paid at two-thirds the employee’s regular rate of pay

Employee Eligibility

All employees, including full-time and part-time employees, of covered employers are eligible for EFMLEA if they have been employed by their employer for at least 30 calendar days.

  • Reminders:

- Private sector employers, including not for profit employers, are covered if they employ fewer than 500 employees

- Public agencies are covered regardless of the number of employees they employ 

- Federal employee eligibility notes – employees under Title I of the FMLA are eligible under EFMLEA; OMB has authority to exclude certain federal employees

Qualifying Reason for Leave

There is only one qualifying reason for leave under the EFMLEA:  Employee leave to care for his or her child whose school or childcare provider is closed or unavailable for reasons related to COVID-19

Unpaid and Paid Leave Periods

  • Initial two weeks of EFMLEA leave is “unpaid”
    • - Employee may choose to use paid sick leave under the EPSLA, or accrued paid time under their
        employer benefits package, at the same time as unpaid EFMLEA leave
  • Up to 10 weeks paid leave available 
    • - Hours of leave are paid at two-thirds the employee’s regular rate of pay 
    • - Employer does not have to pay more than $200 a day or $10,000 total under EFMLEA

EFMLEA Leave - Interaction w/ the FMLA

  • This is a new leave reason under the FMLA, not more weeks
    • – An employee who has already used 12 weeks of leave under the FMLA is not able to use EFMLEA leave

DISCLAIMER The information provided is intended as general information only and does not carry the force of legal opinion. The Department of Labor has provide this information as a public service. This information and related materials are presented to give the public access to information on Department of Labor programs. You should be aware that while we try to keep the information timely and accurate, there will often be a delay between official publications of the materials and the modification of these pages. Therefore, we make no express or implied guarantees. The Federal Register and the Code of Federal Regulations remain the official sources for regulatory information published by the Department of Labor. We will make every effort to keep this information current and to correct errors brought to our attention.