Employee Paid Leave Options
We are answering these questions based on guidance from the IRS Paid Leave FAQs, FFCRA FAQs, and our patners. ALL information is subject to change or be updated, and should not be viewed as legal advice. Please consult your attorney, advisor, or lender as you navigate your options.

Who is eligible?

This act applies to public and private employers with fewer than 500 employees, with a certain exception – small businesses with fewer than 50 employees may qualify for exemption, but the standard for granting exception is very high.

What are qualifying reasons I would need to pay leave?

An employee qualifies for paid sick time if the employee is unable to work or unable to telework due to a need for leave because the employee:

1. is subject to a Federal, State, or local quarantine or isolation order related to COVID-19;
2. has been advised by a health care provider to self-quarantine related to COVID-19;
3. is experiencing COVID-19 symptoms and is seeking a medical diagnosis;
4. is caring for an individual subject to an order described in (1) or self-quarantine as described in (2);
5. is caring for a child whose school or place of care is closed (or child care provider is unavailable) for reasons related to COVID-19; or
6. is experiencing any other substantially-similar condition specified by the Secretary of Health and Human Services, in consultation with the Secretaries of Labor and Treasury.

What documentation do I need to receive FFCRA tax credit?

• Name and relation of individual for whom the employee is caring.
• Name of school, place of care, or care provider that is unavailable due to COVID-19.
• Employee’s representation that no other person will provide care for the child.
• Employee must also provide a statement documentation of “special circumstances” requiring the employee to provide care for a child older than age 14 (or those older than 18).

Can I require my employees utilize their own PTO or sick leave before using Emergency Family and Medical Leave?

• No

For information on accessing the tax credits after offering required paid leave, please consult this IRS guide.

Unemployment Insurance

Under recent acts, there is expanded help for unemployment insurance. The federal government is allowing new options for states to amend their laws to provide unemployment insurance benefits related to COVID-19.  Currently in Montana, if you are told to leave work due to sickness, or are not employed in an essential industry and are told not to report, you qualify for state Unemployment Insurance.

• State FAQ’s for Organizations
• State FAQ’s for Employees

If I lay off my employees due to COVID-19, will they be considered job attached?

• • Your employees may be considered job attached. Advise them to select the Job Attached option when filing or reactivating their UI claim.

Are employees eligible for benefits if their hours are reduced?

• • • If an employee is working less than their customary hours, they may be eligible to receive partial benefits.

How do my employees file for benefits and how much do they get?

• • • Employees may file for UI benefits online at MontanaWorks.gov. Use the benefits estimator to calculate a possible weekly benefit amount. Please do not call the state COVID-19 hotline for UI questions.

How will this affect my UI Tax rate? Will the benefit charges be relieved?

• • Under the emergency rules that went into effect March 17, 2020, employers will not be charged on a COVID-19 claim.

Additional programs are available or may be available for those seeking unemployment. We will update FAQs as more information becomes available.