The U.S. Department of Labor (USDOL) has supplemented the “Families First Coronavirus Response Act: Questions and Answers,” which addresses some of the practical questions many employers have been challenged with since the enactment of the Families First Coronavirus Response Act (FFCRA). The FFCRA goes into effect in just a few days, on April 1, 2020.
The new information covers topics such as the records an employer needs to maintain when an employee takes paid sick leave or expanded FMLA leave. This documentation will be important if an employer intends to claim a tax credit under the FFCRA for wages paid for leave taken under this new law. In addition, this publication offers guidance on what it means to be “unable to work” and whether paid sick leave or expanded FMLA leave can be taken on an intermittent basis.
Other key questions addressed include the potential availability of FFCRA paid sick leave and expanded FMLA when the employee’s worksite is closed or when an employee has been furloughed. The list of Questions and Answers has been expanded significantly since it was first published and is available to review in detail on-line.
Also, if you have not yet had a chance to review the FAQs published by the USDOL about the FFCRA poster, you can access that at https://www.dol.gov/agencies/whd/pandemic/ffcra-poster-questions. There is some practical guidance and solutions on topics including how to “post” the notice if your workforce is teleworking, whether the poster needs to be shared with employees who have been laid off, and whether the notice needs to be provided to job applicants.
For more information on the FFCRA and other employment laws impacted by the coronavirus, visit the Norris McLaughlin YouTube channel to view the webinar, “What the Family First Act Means for You and Your Business,” that Pat Collins, Chair of the firm’s Labor & Employment Law Practice Group, recently presented, or check out our Coronavirus Thought Leadership Connection for other topics related to COVID-19.