Further Guidance Issued on Paid Leave Obligations under the Families First Coronavirus Response Act

On March 24, 2020, the U.S. Department of Labor (“Department”) published its first round of guidance on the paid leave obligations under the Families First Coronavirus Response Act (“FFCRA”).

The FFCRA takes effect on April 1, 2020, and applies to leave taken between April 1, 2020, and December 31, 2020. The new guidance—provided in a Fact Sheet for Employees, a Fact Sheet for Employers, and a Questions and Answers document—addresses the following key questions.

• Under the FFCRA, what are the qualifying reasons for leave and what is the duration of leave for each of those reasons?
• How must an employer count the number of its employees to determine coverage?
• How can small businesses—with fewer than 50 employees—obtain an exemption?
  • Note – additional information regarding the criteria for small business exemptions will be addressed in more detail in forthcoming regulations (expected April 2020).
• How should employers count hours for part-time employees?
• How must employers calculate the wages employees are entitled to under the FFCRA?

The guidance also notes that covered employers must post a notice of FFCRA requirements in a conspicuous place on its premises. The Department has posted a model notice and a Frequently Asked Questions page, concerning the notice requirement, on its website.

If you have any questions regarding these recent developments to paid leave rights, please contact a member of the Labor, Employment & Benefits team. For an overview of the paid leave obligations under the FFCRA, please see our March 19, 2020, Choate Alert: New Paid Leave Obligations for Employers with Fewer than 500 Employees.

 

For more guidance on issues related to the coronavirus pandemic, please visit our COVID-19 Resource Center.