On March 18, 2020, the President signed the Families First Coronavirus Response Act (“FFCRA”), which contains two provisions permitting leave for employees on the basis of the COVID-19 crisis. The Emergency Paid Sick Leave Act (“EPSLA”) requires that all covered employers provide two weeks of paid sick leave to an employee who is unable to work or telework due to a range of reasons related to COVID-19, including the employee being subject to a quarantine or isolation order, experiencing symptoms of COVID-19 and seeking a diagnosis, or caring for a son or daughter whose school or childcare provider is closed or unavailable. The Emergency Family and Medical Leave Expansion Act (“EFMLEA”) grants employees 12 weeks of protected leave if an employee is unable to work or telework because he or she is caring for a son or daughter whose school or childcare facility is closed or whose caretaker is unavailable due to COVID-19 related reasons. On April 6, 2020, the Department of Labor published regulations implementing these new leave provisions, which are far reaching and will affect a broad scope of businesses. Below are several of the questions that I anticipate many will be asking about compliance with the FFCRA. TO SEE THE ENTIRE DOCUMENT AND THE ANSWERS TO THE BELOW QUESTIONS: DOL Issues Regulations Implementing FFCRA-1
My small business has less than 50 employees — do I have to provide childcare related leave under the EPSLA or the EFMLEA?
How does the leave provided under the FFCRA interact with my company’s existing leave policy?
Can my employees take intermittent leave under either the EPSLA or EFMLEA?
I provided specific COVID-19 related leave prior to April 1, 2020 — am I still required to provide additional leave under the FFCRA?
Can I require my employees to provide advance notice prior to taking leave under the FFCRA?
Can I ask my employees to provide documentation before approving leave under the EPSLA or EMFLEA?
What are my record keeping obligations under the FFCRA?