On July 20, 2020, the U.S. Department of Labor (DOL) issued additional guidance on COVID-19 return-to-work issues under the federal Families First Coronavirus Response Act (FFCRA), the Family and Medical Leave Act (FMLA), and the federal Fair Labor Standards Act (FLSA).  
 
Part 1 of this series will focus on the FFCRA.  Part 2 will focus on the FLSA in a day or two - stay tuned!
 
As we have explained in prior blogs, the FFCRA provides emergency paid sick leave, and amends the Family and Medical Leave Act (FMLA) to provide partially paid emergency FMLA leave, for certain workers affected by COVID-19.  
 
In summary, employers with fewer than 500 employees are required to grant up to 80 hours of paid sick leave to workers exposed to COVID-19, or required to quarantine, if unable to work or telework (up to $511 per day), and up to 12 weeks of emergency FMLA leave at partial (2/3) pay if unable to work or telework because their child's school or place of care is closed or unavailable (up to $200 per day).  Paid leave under the FFCRA is fully paid for by the federal government through tax credits.
 
The recently issued guidance provides clarity on a number of additional FFCRA issues here.  For example:
 
  1. If an employee takes emergency FMLA leave (due to school or childcare closure) for 4 weeks and is furloughed, upon return to work, the employee has 8 weeks of emergency FMLA leave remaining. In other words, the FFCRA leave does not run concurrently with a furlough due to lack of work.  
  1. If an employee takes FFCRA leave due to exposure or quarantine related to COVID-19, the employer is permitted to implement additional safety precautions prior to allowing the employee to return to work, such as requiring the employee to telework and/or test negative for COVID-19.
  1. An employer may not extend an employee's furlough simply because the employer knows the employee will need to take FFCRA leave (e.g., childcare-related reasons) if called back to work.  The DOL's guidance expressly states that employers may not discriminate or retaliate against employees for the use of FFCRA leave, and may not use the anticipated need for FFCRA leave as a negative factor in an employment decision.
Further, the DOL offered additional guidance on COVID-19 and certain traditional FMLA issues here
 
Still have questions?  We are here to help! 
 
Stay tuned for Part two in a day or two on COVID-19 related guidance and updates under the FLSA.
Back to News & Resources