Questions and Answers about Families First Coronavirus Response Act (FFCRA)
The Families First Coronavirus Response Act (FFCRA) raised many questions and the DOL has issued additional guidance on many previously unanswered questions. The link to their site can be found HERE and at https://www.dol.gov/agencies/whd/pandemic/ffcra-questions
This fact sheet and all additional guidance posted to date can be found HERE and at https://www.dol.gov/agencies/whd/pandemic
Paid Sick Leave Updates
The DOL’s updated guidance includes answers to many important questions including whether FFCRA leave can be used intermittently, whether benefits are owed during a furlough, the type of documentation employers can require to verify the use of leave and many more.
The requirements apply to private sector employees if they have fewer than 500 employees. Exemptions may apply to companies with less than 50 employees if doing so would jeopardize the viability of the business as an ongoing concern. The exemption criteria will be addressed in more detail in forthcoming regulations.
Documentation Requirements
If one of your employees takes paid sick leave under the Emergency Paid Sick Leave Act, you must require your employee to provide you with appropriate documentation in support of the reason for the leave, including: the employee’s name, qualifying reason for requesting leave, statement that the employee is unable to work, including telework, for that reason, and the date(s) for which leave is requested. Documentation of the reason for the leave will also be necessary, such as the source of any quarantine or isolation order, or the name of the health care provider who has advised self-quarantine.
Health Coverage
Employer health coverage for employees who take paid sick leave or expanded family medical leave should continue on the same terms as if the employee continued to work.
If the employee does not return to work at the end of the expanded family medical leave then continuation under the Consolidated Omnibus Budget Reconciliation Act (COBRA) which generally applies to employers with 20 or more employees. Employers with fewer than 20 employers may be subject to state laws including CAL-COBRA in CA that vary from state to state.
Worksite closures, furloughs and layoffs prior to April 1
The DOL also noted that employers who closed worksites, enacted furloughs or layoffs prior to April 1 are not required to provide paid sick leave and expanded family and medical leave. These employees may be eligible to apply for unemployment benefits.
Worksite closures, reduced work hours, furloughs and layoffs after April 1
These employees are not eligible for paid sick leave or expanded family medical leave but may be eligible for unemployment insurance benefits.
Calculation of pay rates and paid sick leave time
The DOL has additional guidance posted on its website, including more detailed information on how to calculate pay for employees using paid leave under the FFCRA (in particular, please note that an employee's "regular rate" does not necessarily mean their base hourly rate; it includes certain forms of extra compensation paid to employees that are included when calculating the "regular rate" for overtime purposes).
Posting Requirements
Employers must post and distribute the posters no later than April 1, 2020. See details HERE and at
https://www.dol.gov/agencies/whd/pandemic/ffcra-poster-questions
All covered employers should review the DOL guidance before the effective date of the Act on April 1.
We will continue to keep you posted on additional developments.
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