About a quarter of U.S. workers currently get no paid sick leave at all. Many are low-wage workers who live paycheck to paycheck. On Wednesday, President Trump signed the Families First Coronavirus Response Act. The bill aims to give paid leave to workers who did not have it and extend paid leave for workers who only got a few days. These benefits are not forever. They would only apply to workers stuck at home due to the coronavirus.
The new law grants two weeks of paid sick leave at 100 percent of the person’s normal salary, up to $511 per day. It would also provide up to 12 weeks of paid family and medical leave at 67 percent of the person’s normal pay, up to $200 per day.
But there is a catch: It does not cover everyone. And the loopholes became even larger after the House made major changes to the bill on Monday night.
The big picture: Who is covered? Small and midsize companies are required to provide these benefits for workers impacted by the coronavirus, but Labor Secretary Eugene Scalia can exempt businesses with fewer than 50 employees and health care providers like hospitals and nursing homes. Gig workers and people who are self-employed also get these benefits in the form of a tax credit.
But large companies with more than 500 employees are not mentioned in the bill. Experts say that is a significant loophole. These employees will have to rely on the policies of the companies they work for. According to the Labor Department, 89 percent of workers at companies with more the 500 employees have access to some paid sick leave, with an average of eight days offered — well short of the 14-day quarantine prescribed for people who may have the coronavirus. House Speaker Nancy Pelosi (D-Calif.) and Treasury Secretary Steven Mnuchin say big companies should step up and pay.
In a worst-case scenario, 19.3 million U.S. workers (about 12 percent of the nation’s 159 million workers) could be left without any sick pay at all, according to a calculation by the Center for American Progress, a liberal-leaning think tank. That could jump by another 2.5 million if health care workers were exempted (85 percent of health care workers currently have some paid sick leave. An exemption would mean the remaining workers would not get any coverage at all).
Here is a rundown of who qualifies for sick and paid leave according to the legislation.
Employers with 500 or fewer workers have to provide paid sick leave and family leave: Small and midsize companies are required to provide two weeks of paid sick leave and up to 12 weeks of paid family and medical leave for employees affected by the coronavirus who have worked at the company for at least a month.
Sick leave is to be paid at the usual pay rate. Family leave is to be paid at two-thirds of the usual pay rate. The House capped paid sick leave at $511 per day and paid family leave at $200 per day. In other words, paid sick leave would fully compensate employees earning up to about $130,000 a year for that two-week period, and paid family and medical leave would fully compensate employees earning up to about $75,000 a year for the three-month period, according to the Center on Budget and Policy Priorities, a left-leaning think tank.
Many small-business owners are worried about how to pay for these benefits, especially at a time when business across numerous industries has basically come to a halt. The bill provides a tax credit to cover the costs. The credit is applied to the tax the company or nonprofit normally pays for each employee’s Social Security. (This is the 6.2 percent tax employers pay on each employee’s salary.) If sick leave or family and medical leave ends up costing more than the Social Security bill, the U.S. government will send the employer a check to cover the remaining costs. How this will be determined is up to the Treasury and the Internal Revenue Service.
There is a loophole for small businesses on paid family and medical leave: The labor department can exempt employers with fewer than 50 workers from having to pay these benefits if it “would jeopardize the viability of the business.” It is unclear how lenient the Trump administration will be with exemptions.
About 35 million people work for small businesses in the United States. Currently, 12.6 million of those workers have no paid sick leave at all, and 30.5 million have no paid family leave, according to the Center for American Progress.
Government employers must provide paid sick and family leave: The House bill says all government employers must provide these benefits to workers. The same is also true for any union workers who are part of a “multi-employer” agreement.
Gig workers and self-employed workers get a new form of paid sick and family leave: Experts say one of the most innovative parts of the House bill is that it gives gig workers and self-employed similar benefits to Americans working at small and midsize companies. People who are self-employed but work for another employer — e.g. Lyft and Uber drivers, caterers or planners for major events like South by Southwest — are eligible for a tax credit of up to two weeks of sick pay at their average pay and 12 weeks of family leave pay at two-thirds their normal rate.
These workers must show they had to comply with a self-isolation recommendation or that they had to care for a child whose school closed due to the coronavirus. Their benefit is capped at $511 per day for paid sick leave and $200 for family leave (or the average daily income the person usually receives if it is less than those amounts).
The tax credit can be applied against a person’s income taxes, and it is refundable, meaning taxpayers will get a government rebate if their sick or family leave pay was greater than their tax bill.
The majority of workers at big companies already have paid sick leave. Since the bill was released, it has been criticized for not covering all workers. For example, the United Food and Commercial Workers International Union, which represents grocery, retail and food-processing workers, blasted Republicans for “gutting” the benefits by excluding giant employers.
Many workers at big firms receive some form of paid sick leave, but it is not always a full two weeks.
In recent days, some big employers such as Walmart and Uber have announced special paid-leave policies to help workers dealing with the coronavirus. But not all policies are equal. Darden Restaurants, for example, the parent company of Olive Garden and LongHorn Steakhouse with about 180,000 workers, is offering 40 hours of paid sick leave, which is half of what small and midsize firms are required to provide.
Elise Gould, a senior economist at the Economic Policy Institute, estimates that about 7 million workers at large firms might “needlessly fall through the cracks” because the House bill excludes big business. That is similar to the Center for American Progress calculation, although both organization say that could grow substantially for people missing out on paid family leave.
You do not have to have the coronavirus to get the benefit: The two weeks of paid sick leave apply to anyone told to quarantine, showing symptoms, exposed to the virus or trying to get a test or preventive care. That is a broad definition. The IRS will probably have to come up with an exact rule, but it is clear Congress wants to avoid a situation in which everyone is trying to get a doctor’s note to qualify.
Qualifying for family leave is different. A person is eligible to take up to three months of paid leave to care for a child whose school or child-care facility is closed due to the coronavirus.
The benefits are in place for a year: The House bill covers coronavirus-related sick leave taken during the next 12 months.
Many part-time workers are covered: The bill says part-time employees also get paid sick leave equivalent to the number of hours they typically work during a two-week period. So if a person usually works 20 hours a week, they are eligible for up to 40 hours of pay. (Remember, this particular bill does not mandate paid sick leave for workers at big companies, so part-time workers might not be covered at those employers.)
The total price tag is estimated at $105 billion: The cost of paying all of these benefits is estimated at $105 billion. That figure came from the Joint Committee on Taxation, a bipartisan group of experts in Congress who have to come up with cost estimates of any tax proposal.
Economists mostly agree now is not the time to be worrying about the deficit. Borrowing costs are at all-time lows right now, making it inexpensive for the government to take out loans to pay for the coronavirus response. The bill also stipulates that Congress will put money into the Social Security Trust Funds to cover the costs of the program so there will not be any decline in Social Security funds.
“We need to get economic relief to the people who are impacted by this,” Treasury Secretary Mnuchin said Sunday.
There’s concern about how quickly the money will flow: Experts say one of the biggest issues with these new benefits is they are largely being paid for by tax credits. That means small businesses and gig workers will have to apply to the IRS to get a tax credit — or a tax refund if a person’s tax bill is not as large as the cost of their paid sick and family leave.
Mnuchin pledged over the weekend to get this process up and running as quickly as possible, but it will take some time to create the forms and procedures.
Small-business groups have already voiced concerns over the fact that restaurants and travel and hospitality companies have seen sales plummet. They do not have the cash on hand to start paying these benefits.