On June 1, 2021, Gov. Ralph Northam signed into law House Bill 2137. The law, once effective on July 1, 2021, will be codified in at Virginia Code §§ 40.1-33.3 through 40.1-33.6. Virginia employers, defined under VA Code § 40.1-2 as “an individual, partnership, association, corporation, legal representative, receiver, trustee, or trustee in bankruptcy doing business in or operating within this Commonwealth who employs another to work for...read more
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...read more
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...read more
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...read more
Under What Circumstances Is An Employee Unable To Work (Or Telework) Because They Are Subject To Quarantine or Isolation Order?
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...read more
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...read more
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...read more
DOL Issues Temporary Regulations Regarding Paid Leave Under the Families First Coronavirus Response Act
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...read more
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. ...read more
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...read more
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