DOL Guidance - Employer Paid Leave Requirements in the FFCRALess

DOL Guidance - Employer Paid Leave Requirements in the FFCRA

The U.S. Department of Labor (DOL) has issued guidance on the paid leave  requirements under the federal Families First Coronavirus Response Act
 
(FFCRA). 

The U.S. Department of Labor (DOL) has issued guidance on the paid leave  requirements under the federal Families First Coronavirus Response Act  (FFCRA). 

Less

The FFCRA expanded the federal Family and Medical Leave Act (FMLA) to  allow partially compensated employee leave for child care purposes
 
related to COVID-19. The FFCRA also provided for employee paid sick leave
 
for specific COVID-19-related reasons. The law included other measures
 
to address the effect of the coronavirus pandemic on workers.

The FFCRA expanded the federal Family and Medical Leave Act (FMLA) to  allow partially compensated employee leave for child care purposes  related to COVID-19. The FFCRA also provided for employee paid sick leave  for specific COVID-19-related reasons. The law included other measures  to address the effect of the coronavirus pandemic on workers.

Less

The guidance addresses issues such as:

The guidance addresses issues such as:

Less
  • Which employers and employees are covered under the FFCRA;

  • How much leave employers are required to grant employees and  for what pay; 

  • Exemptions from the law; and

  • What tax credits are available to employers to pay for the leave.

  • Which employers and employees are covered under the FFCRA;

  • How much leave employers are required to grant employees and  for what pay; 

  • Exemptions from the law; and

  • What tax credits are available to employers to pay for the leave.

Less

The language of the FFCRA said it would take effect “notlater than 15 days  after the date of enactment.” DOL Q&As clarify that the leave provisions
 
of the law take effect on April 1, 2020.

The language of the FFCRA said it would take effect “notlater than 15 days  after the date of enactment.” DOL Q&As clarify that the leave provisions  of the law take effect on April 1, 2020.

Less

This Compliance Bulletin contains the DOL’s guidance document.

This Compliance Bulletin contains the DOL’s guidance document.

Less

Action Steps

Action Steps

Less
  • Employers should review the DOL’s new guidance for insight on  how the agency views compliance with the new law. 

  • Employers should continue to monitor guidance from the DOL on  implementation of the new law.

  • Employers should review the DOL’s new guidance for insight on  how the agency views compliance with the new law. 

  • Employers should continue to monitor guidance from the DOL on  implementation of the new law.

Less

Overview 

Overview 

Less

The FFCRA requires certain employers to provide their employees with paid sick leave or expanded family and medical  leave for specified reasons related to COVID-19. The DOL’s Wage and Hour Division administers and enforces the new
 
law’s paid leave requirements. The language of the FFCRA said it would take effect “not later than 15 days after the
 
date of enactment.” DOL Q&As clarify that the leave provisions of the law take effect on April 1, 2020.

The FFCRA requires certain employers to provide their employees with paid sick leave or expanded family and medical  leave for specified reasons related to COVID-19. The DOL’s Wage and Hour Division administers and enforces the new  law’s paid leave requirements. The language of the FFCRA said it would take effect “not later than 15 days after the  date of enactment.” DOL Q&As clarify that the leave provisions of the law take effect on April 1, 2020.

Less

In general, the FFCRA requires covered employers to provide the following to all employees:

In general, the FFCRA requires covered employers to provide the following to all employees:

Less
  • Two weeks (up to 80 hours) of paid sick leave at an employee’s regular rate of pay where the employee is unable to work because the employee is quarantined (pursuant to federal, state or local government order or advice of a health care provider) or experiencing COVID-19 symptoms and seeking a medical diagnosis; or

  • Two weeks (up to 80 hours) of paid sick leave at two-thirds an employee’s regular rate of pay where an employee is unable to work because of a bona fide need to care for an individual subject to quarantine (pursuant to federal, state or local government order or advice of a health care provider), or care for a child (under 18 years of age) whose school or child care provider is closed or unavailable for reasons related to COVID-19, or the employee is experiencing a substantially similar condition as specified by the Secretary of Health and Human Services, in consultation with the Secretaries of the Treasury and Labor.

  • Two weeks (up to 80 hours) of paid sick leave at an employee’s regular rate of pay where the employee is unable to work because the employee is quarantined (pursuant to federal, state or local government order or advice of a health care provider) or experiencing COVID-19 symptoms and seeking a medical diagnosis; or

  • Two weeks (up to 80 hours) of paid sick leave at two-thirds an employee’s regular rate of pay where an employee is unable to work because of a bona fide need to care for an individual subject to quarantine (pursuant to federal, state or local government order or advice of a health care provider), or care for a child (under 18 years of age) whose school or child care provider is closed or unavailable for reasons related to COVID-19, or the employee is experiencing a substantially similar condition as specified by the Secretary of Health and Human Services, in consultation with the Secretaries of the Treasury and Labor.

Less

In addition, a covered employer must provide the following to employees whom it has employed for at least 30 days:

In addition, a covered employer must provide the following to employees whom it has employed for at least 30 days:

Less
  • Up to an additional 10 weeks of paid expanded family and medical leave at two-thirds the employee’s regular  rate of pay where an employee is unable to work due to a bona fide need for leave to care for a child whose
     
    school or child care provider is closed or unavailable for reasons related to COVID-19. 

  • Up to an additional 10 weeks of paid expanded family and medical leave at two-thirds the employee’s regular  rate of pay where an employee is unable to work due to a bona fide need for leave to care for a child whose  school or child care provider is closed or unavailable for reasons related to COVID-19. 

Less

Covered Employers

Covered Employers

Less

The paid sick leave and expanded family and medical leave provisions of the FFCRA apply to certain public employers  and private employers with fewer than 500 employees. Small businesses with fewer than 50 employees may qualify for
 
exemption from the requirement to provide leave due to school closings or child care unavailability if the leave
 
requirements would jeopardize the viability of the business as a going concern. 

The paid sick leave and expanded family and medical leave provisions of the FFCRA apply to certain public employers  and private employers with fewer than 500 employees. Small businesses with fewer than 50 employees may qualify for  exemption from the requirement to provide leave due to school closings or child care unavailability if the leave  requirements would jeopardize the viability of the business as a going concern. 

Less

Most employees of the federal government are not covered by the expanded family and medical leave provisions of the  FFCRA. However, federal employees covered by Title II of the FMLA are covered by the FFCRA’s paid sick leave
 
provision.

Most employees of the federal government are not covered by the expanded family and medical leave provisions of the  FFCRA. However, federal employees covered by Title II of the FMLA are covered by the FFCRA’s paid sick leave  provision.

Less

Qualifying Reasons for Leave

Qualifying Reasons for Leave

Less

Under the FFCRA, an employee qualifies for paid sick time if the employee is unable to work (or unable to telework) due  to a need for leave because the employee:

Under the FFCRA, an employee qualifies for paid sick time if the employee is unable to work (or unable to telework) due  to a need for leave because the employee:

Less
  1. Is subject to a federal, state or local quarantine or isolation order related to COVID-19;

  2.  Has been advised by a health care provider to self-quarantine related to COVID-19;

  3. Is experiencing COVID-19 symptoms and is seeking a medical diagnosis 

  4. Is caring for an individual subject to an order described in (1) or self-quarantine as described in (2);

  5. Is caring for a child whose school or place of care is closed (or child care provider is unavailable) for reasons  related to COVID-19; or 

  6. Is experiencing any other substantially similar condition specified by the Secretary of Health and Human  Services, in consultation with the Secretaries of Labor and Treasury

  1. Is subject to a federal, state or local quarantine or isolation order related to COVID-19;

  2.  Has been advised by a health care provider to self-quarantine related to COVID-19;

  3. Is experiencing COVID-19 symptoms and is seeking a medical diagnosis 

  4. Is caring for an individual subject to an order described in (1) or self-quarantine as described in (2);

  5. Is caring for a child whose school or place of care is closed (or child care provider is unavailable) for reasons  related to COVID-19; or 

  6. Is experiencing any other substantially similar condition specified by the Secretary of Health and Human  Services, in consultation with the Secretaries of Labor and Treasury

Less

Under the FFCRA, an employee qualifies for expanded family leave if he or she is caring for a child whose school or place

of care is closed (or child care provider is unavailable) for reasons related to COVID-19.

Under the FFCRA, an employee qualifies for expanded family leave if he or she is caring for a child whose school or place

of care is closed (or child care provider is unavailable) for reasons related to COVID-19.

Less

Duration of Leave

Duration of Leave

Less

For reasons (1)-(4) and (6): A full-time employee is eligible for up to 80 hours of leave, and a part-time employee is  eligible for the number of hours of leave that the employee works on average over a two-week period.

For reasons (1)-(4) and (6): A full-time employee is eligible for up to 80 hours of leave, and a part-time employee is  eligible for the number of hours of leave that the employee works on average over a two-week period.

Less

For reason (5): A full-time employee is eligible for up to 12 weeks of leave at 40 hours a week, and a part-time employee  is eligible for leave for the number of hours that the employee is normally scheduled to work over that period.

For reason (5): A full-time employee is eligible for up to 12 weeks of leave at 40 hours a week, and a part-time employee  is eligible for leave for the number of hours that the employee is normally scheduled to work over that period.

Less

Calculation of Pay

Calculation of Pay

Less

For leave reasons (1), (2), or (3): Employees taking leave must be paid at either their regular rate or the applicable  minimum wage, whichever is higher, up to $511 per day and $5,110 in the aggregate (over a two-week period).

For leave reasons (1), (2), or (3): Employees taking leave must be paid at either their regular rate or the applicable  minimum wage, whichever is higher, up to $511 per day and $5,110 in the aggregate (over a two-week period).

Less

For leave reasons (4) or (6): Employees taking leave must be paid at two-thirds their regular rate or two-thirds the  applicable minimum wage, whichever is higher, up to $200 per day and $2,000 in the aggregate (over a two-week
 
period).

For leave reasons (4) or (6): Employees taking leave must be paid at two-thirds their regular rate or two-thirds the  applicable minimum wage, whichever is higher, up to $200 per day and $2,000 in the aggregate (over a two-week  period).

Less

For leave reason (5): Employees taking leave shall be paid at two-thirds their regular rate or two-thirds the applicable  minimum wage, whichever is higher, up to $200 per day and $12,000 in the aggregate (over a 12-week period—two
 
weeks of paid sick leave followed by up to 10 weeks of paid expanded family and medical leave)

For leave reason (5): Employees taking leave shall be paid at two-thirds their regular rate or two-thirds the applicable  minimum wage, whichever is higher, up to $200 per day and $12,000 in the aggregate (over a 12-week period—two  weeks of paid sick leave followed by up to 10 weeks of paid expanded family and medical leave)

Less

Tax Credits: Covered employers qualify for dollar-for-dollar reimbursement through tax credits for all qualifying wages  paid under the FFCRA. Qualifying wages are those paid to an employee who takes leave under the Act for a qualifying
 
reason, up to the appropriate per diem and aggregate payment caps. Applicable tax credits also extend to amounts paid
 
or incurred to maintain health insurance coverage. For more information, please see the Department of the Treasury’s
 
website. 

Tax Credits: Covered employers qualify for dollar-for-dollar reimbursement through tax credits for all qualifying wages  paid under the FFCRA. Qualifying wages are those paid to an employee who takes leave under the Act for a qualifying  reason, up to the appropriate per diem and aggregate payment caps. Applicable tax credits also extend to amounts paid  or incurred to maintain health insurance coverage. For more information, please see the Department of the Treasury’s  website. 

Less

Employer Notice: Each covered employer must post in a conspicuous place on its premises a notice of FFCRA  requirements. A model notice was expected to be available on March 25, 2020. 

Employer Notice: Each covered employer must post in a conspicuous place on its premises a notice of FFCRA  requirements. A model notice was expected to be available on March 25, 2020. 

Less

Prohibitions: Employers may not discharge, discipline or otherwise discriminate against any employee who takes paid  sick leave under the FFCRA and files a complaint or institutes a proceeding under or related to the FFCRA.

Prohibitions: Employers may not discharge, discipline or otherwise discriminate against any employee who takes paid  sick leave under the FFCRA and files a complaint or institutes a proceeding under or related to the FFCRA.

Less

Penalties and Enforcement: Employers that violate the first two weeks’ paid sick time or unlawful termination  provisions of the FFCRA will be subject to the penalties and enforcement described in Sections 16 and 17 of the Fair
 
Labor Standards Act. Employers that violate the provisions providing for up to an additional 10 weeks of paid leave to care for a child whose school or place of care is closed (or child care provider is unavailable) are subject to the  enforcement provisions of the FMLA. The DOL will observe a temporary period of non-enforcement for the first 30 days
 
after the FFCRA takes effect for employers that act reasonably and in good faith to comply. For purposes of this nonenforcement position, “good faith” exists when violations are remedied and the employee is made whole as soon as
 
practicable by the employer, the violations were not willful, and the DOL receives a written commitment from the
 
employer to comply with the Act in the future. 

Penalties and Enforcement: Employers that violate the first two weeks’ paid sick time or unlawful termination  provisions of the FFCRA will be subject to the penalties and enforcement described in Sections 16 and 17 of the Fair  Labor Standards Act. Employers that violate the provisions providing for up to an additional 10 weeks of paid leave to care for a child whose school or place of care is closed (or child care provider is unavailable) are subject to the  enforcement provisions of the FMLA. The DOL will observe a temporary period of non-enforcement for the first 30 days  after the FFCRA takes effect for employers that act reasonably and in good faith to comply. For purposes of this nonenforcement position, “good faith” exists when violations are remedied and the employee is made whole as soon as  practicable by the employer, the violations were not willful, and the DOL receives a written commitment from the  employer to comply with the Act in the future. 

Less
Download article

CA LICENSE # 0E89987               

CA LICENSE # 0E89987               

Less

EXCELSURE INSURANCE SERVICES
Less

EXCELSURE INSURANCE SERVICES

18377 Beach Boulevard,

18377 Beach Boulevard,

Less

Suite 325,

Suite 325,

Less

Huntington Beach, CA 92648

Huntington Beach, CA 92648

Less

Phone. 800-987-5051

Phone. 800-987-5051

Less
GET directions