On April 1, 2020, the Department of Labor (DOL) issued a temporary rule interpreting the paid leave provisions under the Families First Coronavirus Response Act (FFCRA). We will follow with more detailed thoughts on the rule, but the highlights include:
- Key definitions, including “child care provider” (defined as including unpaid family caretakers in addition to paid child care settings) and “telework”
- Discussion of interplay between “stay at home” orders and “isolation or quarantine” orders, and the availability of paid leave in connection with those orders
- Clarification on employees’ options and employers’ ability to require use of paid time off concurrently with expanded FMLA leave for school closures
- Key information for employers on determining exemptions for employees who are health care providers or emergency responders, and who therefore can be exempted from FFCRA coverage
- Instructions on counting employees for purposes of FFCRA coverage
- Elaboration on the exemption for employers with fewer than 50 employees
- Documentation retention requirements and content for claiming the tax credits associated with the FFCRA
- Clarification that employers not covered by the traditional FMLA are not subject to a private right of action from an employee under the expanded FMLA
We will follow up with more posts providing the detail on the temporary rule.
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