The Department of Labor (DOL) issued its first set of guidance for the Families First Coronavirus Response Act (FFCRA) which consisted of a News Release, Fact Sheet for the Employee Paid Leave Rights and one for the Employer Expanded Family and Medical Leave Requirements, as well as a Q&A that addresses both provisions within the law which takes effect on April 1, 2020.

The fact sheets summarize the basics of the Emergency Paid Sick Leave Act and Emergency Family Medical Leave Expansion Act (EFMLEA). The Q&A provides additional guidance to assist employers with implementation.

Highlights from the Q&A:

  • Application of the paid leave requirements for leave taken between April 1, 2020 and December 31, 2020.
  • Determination of 500-employee threshold, including joint employer considerations and FMLA’s “integrated employer test (see Q2)
  • Small employer (fewer than 50 employees) exemption from the requirements to provide leave to care for a child whose school is closed, or childcare is unavailable, in cases where the viability of the business is threatened – regulations with criteria forthcoming (see Q4)
  • Calculation of hours worked, regular rate of pay and leave pay (see Q5-9)
  • Interaction between the two leaves (see Q10)
  • Determination of 30-day eligibility requirement for EFMLEA, including temp-to-hire rule (see Q14)

Stay tuned for additional guidance to be issued this week. Also, refer to the Wage and Hour Division website for other COVID-19 information – Q&A’s for FLSA and FMLA.

If you have questions or need help, please contact one of our benefit consultants.