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FFCRA question – we have an employee who tested positive. He has previously received COVID pay from his previous employer earlier in the year. Do we have to pay him as well assuming he qualifies time-wise with us?

https://www.ecfr.gov/cgi-bin/text-idx?node=pt29.3.826&rgn=div5#se29.3.826_1160

(f) One time use. Any person is limited to a total of 80 hours Paid Sick Leave. An Employee who has taken all such leave and then changes Employers is not entitled to additional Paid Sick Leave from his or her new Employer. An Employee who has taken some, but fewer than 80 hours of Paid Sick Leave, and then changes Employers is entitled only to the remaining portion of such leave from his or her new Employer and only if his or her new Employer is covered by the Emergency Paid Sick Leave Act. Such an Employee’s Paid Sick Leave would expire upon reaching 80 hours of Paid Sick Leave total, regardless of the Employer providing it, or when the Employee reaches the number of hours of Paid Sick Leave to which he or she is entitled based on a part-time schedule with the new Employer.

12.2020

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