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She used four weeks of that leave before she was furloughed, and the weeks that she was furloughed do not count as time on leave. When she returns from furlough, she will be eligible for eight additional weeks of leave if she has a qualifying reason to take it. I took paid sick leave and am now taking expanded family and medical leave to care for my children whose school is closed for a COVID-19 related reason. After completing distance learning, the children’s school closed for summer vacation.

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If providing child care-related paid sick leave and expanded family and medical leave at my business with fewer than 50 employees would jeopardize the viability of my business as a going concern, how do I take advantage of the small business exemption? To elect this small business exemption, you should document why your business with fewer than 50 employees meets the criteria set forth by the Department, which will be addressed in more detail in forthcoming regulations. As an employer, how do I know if my business is under the 500-employee threshold and therefore must provide paid sick leave or expanded family and medical leave? Workers who are independent contractors under the Fair Labor Standards Act , rather thanemployees, are not considered employees for purposes of the 500-employee threshold.

May I take paid sick leave or expanded family and medical leave to care for my children because their school is closed for summer vacation? Paid sick leave and emergency family and medical leave are not available for this qualifying reason if the school or child care provider is closed for summer vacation, or any other reason that is not related to COVID-19. However, the employee may be able to take leave if his or her child’s care provider during the summer—a camp or other programs in which the employee’s child is enrolled—is closed or unavailable for a COVID-19 related reason. My employee claims to have tiredness or other symptoms of COVID-19 and is taking leave to seek a medical diagnosis.

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The provisions of this subpart B apply to aliens subject to sections 235 and 235 of the Act. Pursuant to section 235 and 8 CFR 208.30, DHS has exclusive jurisdiction to make fear determinations, and the immigration judges have exclusive jurisdiction to review such determinations. I have an employee who used four weeks of expanded family and medical leave before she was furloughed. When my employee comes back to work, if she still needs to care for her child because her child care provider is unavailable for COVID-related reasons, how much expanded family and medical leave does she have available? (added 07/20/2020)Under the FFCRA, your employee is entitled to up to 12 weeks of expanded family and medical leave.

EOIR and the INS amended 8 CFR part 208 in 1997 following the enactment of IIRIRA. Inspection and Expedited Removal of Aliens; Detention and Removal of Aliens; Conduct of Removal Proceedings; Asylum Procedures, 62 FR 444 (Jan. 3, 1997). Inspection and Expedited Removal of Aliens; Detention and Removal of Aliens; Conduct of Removal Proceedings; Asylum Procedures, 62 FR at 455, 462. EOIR and the INS, however, failed to make a corresponding update to 8 CFR 3.1 to account for the change to the cross-referenced paragraph 8 CFR 208.2.

There is no indication that the Departments intended to remove appeals from “asylum-and-withholding-only” proceedings from the BIA’s jurisdiction. In 2003, following the creation of DHS, EOIR’s regulations were transferred from chapter I to chapter V of 8 CFR and redesignated. Aliens and Nationality; Homeland Security; Reorganization of Regulations, 68 FR 9824, 9830, 9834 (Feb. 28, 2003). Since EOIR and the INS amended 8 CFR 208.2 in 2000, the BIA has continued to exercise jurisdiction over appeals from asylum-and-withholding-only proceedings.

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