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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Updated and Detailed DOL Guidance On Expanded FMLA and Paid Sick Leave

Garrett Wozniak
Garrett Wozniak
03/27/2020
The Department of Labor has issued a second round of Q&A regarding the FFCRA.  Here is a summary of the new guidance and a reminder regarding some of the other more common questions. How is regular rate determined? Regular rate is the average of an employee’s regular rate over a period of up to six months prior to the date leave is taken.  If an employee has not worked for an employer for six months, the regular rate used is the average...
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DOL Q&A On Families First Coronavirus Response Act

Garrett Wozniak
Garrett Wozniak
03/25/2020
The Department of Labor has issued guidance in the form of a Q&A regarding the Families First Coronavirus Response Act. The DOL has also issued a Field Assistance Bulletin regarding the “temporary non-enforcement period.” The guidance provides some clarification regarding the new leave law, including:  Effective Date:  The paid leave provisions are effective April 1, 2020.  The Act was supposed to go into effect April 2 --...
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Hot Off The Press - New Paid Leave Notice Posters

Garrett Wozniak
Garrett Wozniak
03/25/2020
The Department of Labor has released its Families First Coronavirus Response Act posters.  There are two posters: Employee Rights:  Paid Sick Leave and Expanded Family and Medical Leave under the FFCRA and Federal Employee Rights:  Paid Sick Leave and Expanded Family and Medical Leave under the FFCRA Remember to print and post the applicable notice conspicuously at your worksite no later than April 1,...
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President Trump Signs Families First Coronavirus Response Act

Garrett Wozniak
Garrett Wozniak
03/19/2020
The U.S. Senate today passed, by a vote of 90-8, the Families First Coronavirus Response Act (the amended version).  The President has signed the Act into law.  The Act will be effective in 15 days -- April 2, 2020 -- and sunsets on December 31, 2020.  The Act amends the Family and Medical Leave Act (FMLA) and mandates paid sick leave for coronavirus-related absences. Emergency Family and Medical Leave Expansion Act  FMLA...
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House Amends Coronavirus Paid Sick Leave and Job Protection Legislation

Garrett Wozniak
Garrett Wozniak
03/17/2020
The U.S. House of Representatives has Amended the Families First Coronavirus Response Act.  The revisions, which significantly alter the bill, are outlined below.  One might wager that the legislation is likely to be amended again -- but the casinos are closed. Emergency Family and Medical Leave Expansion Act  “Qualifying need related to a public health emergency” is revised to mean leave for an employee to care for an...
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Families First Coronavirus Response Act -- Paid Sick Leave and Job Protection

Garrett Wozniak
Garrett Wozniak
03/15/2020
The U.S House of Representatives has passed the Families First Coronavirus Response Act (the “Act”), which, among other things, expands the Family and Medical Leave Act (FMLA) and provides paid sick leave in an effort to confront the coronavirus.  The Senate is expected to approve the measure soon.  The Act will take effect not later than 15 days after enactment. With respect to the FMLA, the Act (if approved by the Senate) expands...
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It’s Baaack! The FMLA Notice Conundrum Returns to the Seventh Circuit

Darrell VanDeusen
Darrell VanDeusen
02/11/2020
When I speak or provide training on the FMLA, I often start by apologizing on behalf of Congress and the Department of Labor.  Congress, for creating a law the way you design a horse by committee (it comes out looking like a camel); the DOL for implementing regulations that you need legal expertise to follow and get right (and even then it is sometimes a crap shoot). For sure, the toughest FMLA area for employers is accommodating unforeseen,...
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Virginia Employer Dodges FMLA Bullet

Eric Paltell
Eric Paltell
01/14/2020
A recent FMLA case out of the United States District Court for the Western District of Virginia brings to mind the expression "its better to be lucky than good."  In the case of Trail v. Utility Trailer Manufacturing Company, No. 1:18CV00037 (W.D. Va. 1/8/20),  a Southwest Virginia manufacturer succeeded in getting a former employee's FMLA  lawsuit dismissed after the employee failed to provide evidence that his son's medical problems...
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