U.S. Department of Labor Issues Employee Guidance Under New FFCRA Law

On March 24, 2020, the U.S. Department of Labor announced publication of its initial guidance for employees and employers regarding the Emergency Paid Sick Leave and Emergency FMLA provisions of the Families First Coronavirus Response Act (“FFCRA”).  Our prior client alert analyzing the paid leave provisions of the FFCRA is available here.  Formal regulations from the Department of Labor are not expected until sometime in April.

Linked below in this Alert are: the Department of Labor Press Release announcing the first round of published guidance, a Fact Sheet for Employees, a Fact Sheet for Employers, and an FFCRA Questions and Answers publication.

The initial guidance adds two things that were not clear under the text of the FFCRA.  First, the FFCRA’s Emergency Paid Sick Leave and Emergency FMLA provisions go into effect on April 1, 2020.  And second, in calculating Emergency FMLA leave, but not Emergency Paid Sick Leave, employers must include overtime hours in calculating the rate for paid leave.

The initial guidance, particularly the Fact Sheets, distill an employee’s rights and an employer’s responsibilities under the FFCRA into a straightforward format.  An employer may elect to adopt the Fact Sheet for Employees as the employer’s policy with respect to Emergency Paid Sick Leave and Emergency FMLA under the FFCRA.

Under the Governor’s Business Closure Order, our physical office is closed, but MacDonald Illig attorneys are working remotely, and are available at any time via e-mail or cell phone.  Please contact an attorney if you have any questions regarding the paid leave requirements under the FFCRA, exemptions from the FFCRA, implementing a policy with respect to paid leave under the FFCRA, or any other legal issue.