DEPARTMENT OF LABOR TO HOLD UNPRECEDENTED NATIONAL ONLINE DIALOGUE THROUGH SUNDAY MARCH 29, 2020,
ANNOUNCES A CHANGE IN THE EFFECTIVE DATE TO APRIL 1, 2020,
RELEASES NOTICE POSTERS FOR EMPLOYERS,
AND DEFINES “GOOD FAITH” EFFORTS TO AVOID PENALTIES
On March 18, 2020, Congress passed the Families First Coronavirus Response Act (FFCRA). The FFCRA temporarily expands FMLA benefits and created Emergency Paid Sick Leave. Most notable, the Department of Labor (DOL) announced it would be issuing/implementing regulations in the coming weeks, published the mandated notice posters for employers, and changed the widely speculated effective date for the benefits period under the Act from April 2, 2020, to April 1, 2020. Weber Gallagher had previously provided a client alert regarding the FFCRA and now offers this supplemental alert to address the guidance provided by the DOL on March 24, 2020.
Documentation & Record Keeping
Exemptions from the Act:
Join the National Dialogue:
Guidance on “good faith” compliance and penalties:
The Emergency Family & Medical Leave Expansion Act (EFMLEA)
This Act is an amendment to the Family and Medical Leave Act of 1993 (FMLA). The FMLA applies to private and public employers of 50 or more employees and provides eligible employees with up to 12 weeks of unpaid protected leave. To qualify for FMLA protected leave, an employee must be employed by the employer for at least one year or has worked 1,250 hours.
Here is how the EFMLEA expands the FMLA protections:
The Emergency Paid Sick Leave Act
This Act provides emergency mandatory paid sick leave time for employees who are unable to work or telework due to COVID-19. Employers are required to provide up to 80 hours (two weeks) of paid time for full-time employees. For part-time employees, employers are required to pay the number of hours that is equal to the employee’s average hours over a two-week period.
This benefit would be immediately available to employees regardless of how long an employer has employed the employee. An employer may not require an employee to use other paid leave before using emergency paid sick leave, and the leave will not carry over from one year to the next.
Eligible employees are those who are experiencing one of these six situations:
The amount of pay for employees eligible under the above three categories cannot be more than $511.00 per day or $5,110.00 in the aggregate.
The amount of pay for employees eligible under the above three categories cannot be more than $200.00 per day or $2,000.00 in the aggregate.
For more information, please contact Tracy A. Walsh at email@example.com or 215.825.7224 or Kristen S. Swift at firstname.lastname@example.org or 302.221.3298.
Chelsea R. Seidel