March 31, 2020

DOL Issues Families First Coronavirus Response Act Q&A

Over the weekend, the U.S. Department of Labor added additional Questions and Answers to the Families First Coronavirus Response Act: Questions and Answers. The updated Q&A addresses many key questions, and there are now 59 questions and answers posted, including answers to the following below:

  • What is the effective date of the Families First Coronavirus Response Act (FFCRA), which includes the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act?
  • As an employer, how do I know if my business is under the 500-employee threshold and therefore must provide paid sick leave or expanded family and medical leave?
  • How do I count hours worked by a part-time employee for purposes of paid sick leave or expanded family and medical leave?
  • When does the small business exemption apply to exclude a small business from the provisions of the Emergency Paid Sick Leave Act and Emergency Family and Medical Leave Expansion Act?
  • Who is a “health care provider” who may be excluded by their employer from paid sick leave and/or expanded family and medical leave?
  • Who is an emergency responder?
  • Does an employee qualify for leave for a COVID-19 related reason even if they have already used some or all of their leave under the Family and Medical Leave Act (FMLA)?
  • If an employer reduces an employee’s scheduled work hours, can the employee use paid sick leave or expanded family and medical leave for the hours that they are no longer scheduled to work? 

Click on the following for fact sheets on Employee Paid Leave Rights and Employer Paid Leave Requirements:

For more information, please contact Jason Resnick at (949) 885-2253.