Category: FMLA

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...

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...

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...

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...

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. ...

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...

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 --...

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,...

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...

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...