The U.S. Department of Labor (DOL) has issued frequently asked questions (FAQs) that address which employers are covered by the paid leave requirements of the Families First Coronavirus Response Act (FFCRA). The FFCRA requires covered employers to provide their employees with paid sick leave and expanded family and medical leave for specified reasons related to COVID-19. The leave requirements apply to employers with fewer than 500 employees; the FAQs explain how employers should calculate this number and which government employers are covered.
The DOL’s FAQs address:
- Counting full-time, part-time and temporary employees, as well as day laborers
- Whether to count independent contractors
- Joint employers under the Fair Labor Standards Act (FLSA)
- Integrated employers under the federal Family and Medical Leave Act (FMLA)
- Government employers
The DOL guidance also explains exemptions in the FFCRA for:
- Small businesses with fewer than 50 employees; and
- Employees who are health care providers or first responders.
- The FFCRA’s employee leave provisions apply to private employers with fewer than 500 employees, and some public employers.
- The DOL has issued Q&As that address how employees should be counted under the FFCRA.
- The Q&As also address exemptions from the leave requirements for certain small businesses and certain employees.
April 1, 2020 – The FFCRA’s new paid leave provisions take effect.
April 17, 2020 – A temporary nonenforcement policy applies until April 17, 2020 for employers that make reasonable, good faith efforts to comply with the law.
Dec. 31, 2020 – New leave laws sunset.
Employers should review the DOL’s Q&As to determine whether they are covered by the FFCRA’s paid leave requirements. Employers should also continue to monitor the DOL’s COVID-19 website for compliance updates.
*This Compliance Bulletin is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice.