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Major Provisions Affecting REALTORS®, Brokers, and Real Estate Associations
Emergency Family and Medical Leave (FMLA) Expansion Act (section 3102)
- Employees of employers with fewer than 500 employees, who have been on the job for at least 30 days, have a right to take up to 12 weeks of job-protected leave under FMLA if they meet the following condition:
- They are caring for a son or daughter if the school or place of care for the child has been closed, or the child care provider of the child is unavailable, due to COVID-19 precautions.
- The first 10 days of leave could be unpaid, though a worker could choose to use accrued vacation days, personal leave, or other available paid leave for unpaid time off. Following the 10-day period, workers would receive a benefit from their employers that will be at least two-thirds of their normal pay rate.
- The family leave pay is capped at $200 per day and $10,000 in total and is limited to 12 weeks of family leave pay in any one calendar year.
Employers of employees who are health care providers or emergency responders are allowed to elect out of providing paid family leave to these employees.
- The Department of Labor is granted broad authority to exempt from the paid family leave requirement employers with fewer than 50 employees if the requirement to provide leave would jeopardize the viability of the business.
In effect from effective date of act through the end of 2020.