On April 1, 2020, the Wage and Hour Division of the U.S. Department of Labor (DOL) issued a temporary rule regarding the Emergency Paid Sick Leave Act (EPSLA) and the Emergency Family Medical Leave Expansion Act (EFMLEA) of the Families First Coronavirus Response Act (FFCRA). The regulations created under the rule reaffirm prior DOL guidance and provide clarity regarding a number of outstanding questions. The full 124-page text of the regulations can be found here (set to be officially published on April 6, 2020). Pertinent information contained in the regulations is outlined below.
As discussed in previous webinars and eAlerts, the DOL has made clear that these benefits are only available to employees that you actually have work for. Employees who are laid off, whether due to lack of work or a “stay at home” order that has closed your business, are not entitled to these benefits but may be eligible for unemployment benefits.
With that in mind, both the EPSLA and EFMLEA permit certain employees to take paid sick leave and expanded family and medical leave to care for a child whose school or place of care is closed (or whose child care provider is unavailable) for reasons related to COVID‑19. Concerning child care leave, the regulations provide the following:
With respect to leave under the EFMLEA, the regulations also clarify the following:
Concerning paid sick leave under the EPLSA, the regulations clarified and expanded on a variety of points, particularly in terms of defining eligibility:
Regarding an employer’s administration of paid sick leave or expanded family and medical leave under the FFCRA:
With respect to the FFCRA’s enforcement, the regulations explain:
The regulations also make clear that they are temporary, time-limited and do not affect the Family and Medical Leave Act before or after December 31, 2020.
If you have questions about the material summarized above or any other issues surrounding the FFCRA, please contact any member of Warner’s Labor and Employment Practice Group.