e-Alerts

e-Alert – COVID-19 – DOL Issues Regulations for FFCRA Leave Effective April 1

Background

The Families First Coronavirus Response Act (FFCRA) was signed into law on March 18,and some of its key provisions, including the Emergency Paid Sick Leave Act (EPSLA) and the Emergency Family and Medical Leave Expansion Act (EFMLEA), went into effect on April 1. These paid leave provisions apply to employers with fewer than 500 employees, with possible exemptions available to some employers with fewer than 50 employees. The provisions offer full or partial pay for relevant employee leave taken between April 1 and December 31, 2020.

Summary

The Department of Labor (DOL) has issued temporary regulations to implement the paid leave mandates of the FFCRA. The regulations provide direction for administration of the EPSLA and EFMLEA.

The EPSLA requires that certain employers provide up to 80 hours of paid sick leave to employees who need to take leave from work for certain specified reasons related to COVID-19.

The EFMLEA requires that certain employers provide p to 10 weeks of paid, and two weeks unpaid, emergency family and medical leave to eligible employees if the employee is caring for his or her child whose school or place of care is closed or whose child-care provider is unavailable for reasons related to COVID-19.

To help employers navigate the FFCRA, the DOL has set up a Frequently Asked Questions (FAQ) page to address the most common questions about FFCRA being asked by employers and their staffs. This is still an evolving issue, so the answers provided may be updated over time, but this FAQ offers the most current information regarding who is eligible for the FFCRA’s provisions, how employers should handle intermittent leave, and other pressing issues. The FAQ is regularly updated with new information, so continue checking for new updates and clarification from the DOL. The DOL has provided additional information for employers and individuals about the FFCRA on its COVID-19 and the American Workplace website.

Employer Next Steps

  • Regularly review the DOL’s FAQ to stay on top of the most current available informationregarding the FFCRA’s paid leave provisions.
  • Keep your staff informed of any resulting changes to your company leave policies.
  • If you are a Full-Service or Virtual HR client and would like our assistance with updatingyour policies, please reach out to us by clicking here.

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This content is provided with the understanding that HR Knowledge is not rendering legal advice. While every effort is made to provide current information, the law changes regularly and laws may vary depending on the state or municipality. The material is made available for informational purposes only and is not a substitute for legal advice or your professional judgment. You should review applicable laws in your jurisdiction and consult experienced counsel for legal advice. If you have any questions regarding this content, please contact HR Knowledge at 508.339.1300 or email us.

 

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