Determining Leave Hours Under the FFCRA . . . And Some Other Guidance

Garrett Wozniak
Garrett Wozniak
04/20/2020
It has been about two weeks since the DOL issued guidance on the paid leave (EFMLA and EPSL) required by the Families First Coronavirus Response Act (FFCRA).  Here is a summary of the DOL’s latest guidance -- questions 80-88 on the Department’s FAQ page.  These questions and answers primarily concern employees with irregular schedules and how to determine the number of leave hours and rate of pay for leave purposes.  The Q&A...
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CDC Issues Additional COVID-19 Guidance

Randi Klein Hyatt
Randi Klein Hyatt
04/17/2020
This past week, multiple agencies have issued new or updated guidance documents on COVID-19.  We reported earlier this week on the EEOC’s updated guidance.  Below are the highlights of the information shared by the CDC. On essential workers, the CDC issued Interim Guidance stating that “critical infrastructure workers” may continue working despite the potential exposure to COVID-19.  The CDC confirmed that potential exposure...
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The EEOC Issues An Updated Q&A On COVID-19, The ADA, And Other EEO Laws

Randi Klein Hyatt
Randi Klein Hyatt
04/15/2020
Late last week, the Equal Employment Opportunity Commission (EEOC) posted an update to its short question and answer document, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act and Other EEO Laws.  The highlights (both pre-existing and newly added last week) include: While the EEO laws, including the ADA and Rehabilitation Act, continue to apply during this pandemic time, the EEOC has made clear they do not interfere...
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Handling FFCRA Leave Requests

Garrett Wozniak
Garrett Wozniak
04/10/2020
You may already have employees who’ve taken emergency FMLA (EFMLA) or emergency paid sick leave (EPSL) related to COVID-19 under the Families First Coronavirus Response Act ("FFCRA").  Maybe you haven’t.  Either way, you should have a plan for FFCRA leave requests that accounts for the following: Accept verbal notices and requests for leave and follow up with employees to obtain written notice to support the leave request. Do not...
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Under What Circumstances Is An Employee Unable To Work (Or Telework) Because They Are Subject To Quarantine or Isolation Order?

Clifford Geiger
Clifford Geiger
04/08/2020
The Department of Labor (DOL) continues to change and add to the question and answer (Q&A) guidance on the Families First Coronavirus Response Act (FFCRA).  It has grown to 79 questions and answers of as April 8, 2020.  That guidance can be found here. In its Q&A guidance, the DOL is clear that FFCRA paid sick leave is only for employees affected by the COVID-19 pandemic but who would otherwise have work to do.  If an...
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Small Business Exemption Under the FFCRA

Clifford Geiger
Clifford Geiger
04/08/2020
On April 6, 2020, when the Department of Labor (DOL) published temporary regulations for the Families First Coronavirus Response Act (FFCRA), it clarified a significant detail for employers with fewer than 50 employees.  According to the DOL, the small employer exemption applies only when leave is needed to care for a son or daughter whose school is closed or whose childcare is closed or unavailable for COVID-19 related reasons. The...
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More DOL Guidance On COVID-19 Related Leave

Garrett Wozniak
Garrett Wozniak
04/06/2020
Over the weekend, the Department of Labor released additional guidance regarding the emergency family and medical leave (EFMLA) and emergency paid sick leave (EPSL) required by the Families First Coronavirus Response Act (FFCRA).  The new questions and answers -- Q&A 60-79 -- largely reiterate prior guidance and the recently issued DOL regulations.  We’ve covered these developments over the past few weeks. So what is in the fourth...
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Treasury Issues New Guidance on Payroll Protection Program

Sarah Longson
Sarah Longson
04/05/2020
On April 2, 2020, the Treasury Department released guidelines for the Paycheck Protection Program (“PPP”) small business loans that were made available to businesses with 500 or fewer employees under the CARES Act.  The guidelines, termed “Interim Final Rule,” announced some material departures from the language of the Act itself.  Those departures represent significant changes related to how loan funds may be used, the time to...
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DOL Issues Temporary Regulations Regarding Paid Leave Under the Families First Coronavirus Response Act

Garrett Wozniak
Garrett Wozniak
04/02/2020
Delivering on its pledge to quickly provide regulations regarding the Families First Coronavirus Response Act (FFCRA), the Department of Labor has issued temporary regulations regarding the Emergency Paid Sick Leave (EPSL) and Emergency Family and Medical Leave (EFMLA) provisions of the Act. We have provided updates over the past couple weeks, which you can find on our website. The guidance and interpretation of the FFCRA has changed a bit over the...
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Round 3 - DOL Issues Additional Guidance on COVID-19-Related Leave

Garrett Wozniak
Garrett Wozniak
03/30/2020
The Department of Labor has answered additional questions regarding the expanded family and medical leave (EFMLA) and emergency paid sick leave (EPSL) mandated by the Families First Coronavirus Response Act.  Here are the highlights: What documentation is required?  (FAQ 15-16) We previously explained that the DOL in its second Q&A update set forth the types of information and documentation employers must require and employees must provide. ...
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