New FMLA Regs on Tap? Oh, and NEW Forms Are Here

Darrell VanDeusen
Darrell VanDeusen
07/21/2020
The U.S. Department of Labor published a request for information on July 16, 2020, seeking comments on possible revisions to the DOL’s FMLA regulations.   If you are an employer interested in submitting comments to the DOL, we can help you do that.  Just let us know.  Submissions are due on or before September 15, 2020. The notice states that “the Department seeks input from employers and employees on the current FMLA regulations,...
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Who is a Healthcare Provider for FMLA Eligibility?

Darrell VanDeusen
Darrell VanDeusen
05/27/2020
No question, we are in a time of high anxiety.  Friends, family and pretty much everyone else I talk to has a story about how they are dealing with the new normal in the time of COVID-19.  We all need someone to talk through stuff with.  I suspect that many Employee Assistance Plans will see an uptick in use over course of 2020. But does the person you talk to qualify as a health care provider under the FMLA?  A recent case from the Eleventh...
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How EFMLA, EPSL, and Existing Leave Work Together

Garrett Wozniak
Garrett Wozniak
04/21/2020
In its most recent questions and answers, the Department of Labor addresses the circumstances in which employers may require employees to use existing leave and how existing leave works in conjunction with EFMLA and EPSL under the Families First Coronavirus Response Act.  This information is found in FAQ 86, with reference to previous guidance at Questions 31-33. Let’s take EFMLA first.  EFMLA is available when an employee is unable to work or...
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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 also addresses...
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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 deny EFMLA...
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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 employee’s...
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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 exemption...
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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 round of...
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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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