With the Families First Coronavirus Response Act (“FFCRA”) set to take effect this week, the United States Department of Labor (“DOL”) has further revised and expanded its questions and answers providing guidance to employers on how to administer the act. The expanded guidance (questions and answers 37 to 59) covers topics including the definitions of health care providers and emergency responders who may be excluded from the new forms of paid leave, the circumstances under which small businesses may be exempted from certain leave requirements, and restoration rights and rules for employees who take paid leave. In addition, the DOL has revised prior guidance to modify answers it previously provided concerning recordkeeping and documentation requirements.
Here is a link to the current guidance:
Because the FFCRA is set to take effect on April 1 and the informal guidance from the DOL continues to evolve, employers are encouraged to regularly check back to this link to ensure they are following the latest available guidance pending publication of more formal regulations. We too will continue to monitor the situation.
Eric J. Holshouser
Samuel J. Horovitz
Robert G. Riegel, Jr.
Michael J. Lufkin
Kathryn K. Rudderman