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CoronaVirus / COVID-19 – Some Employment Law Issues # 6C – And Even Still More DOL Guidance on FFCRA

by D. Gregory Valenza | | Apr 9, 2020

Greetings from Shaw Law Group. We hope everyone is safe and sound as we enter another week of social distancing and teleworking. We’re going to label this post #6C because it’s another update to the U.S. Department of Labor’s Families First Act FAQs.  The other FAQs were discussed in ## 6A and 6B.  Please review our other Coronavirus / COVID-19 guidance posts on the blog here.

Anyway, the DOL has updated its FAQs here.  The newest ones being at FAQ # 60 and continue until # 79.

The DOL addresses a number of issues employers need to know when administering the FFCRA’s Expanded Family Leave and Paid Sick Leave laws.  Some of the new FAQs address:

  • what “quarantines’ entitle an employee to paid sick leave?  ## 60-62.
  • under what circumstances may employees receive paid sick leave for caring for another person? ##63-66.
  • availability of leave when two or more persons are available to care for a child #69
  • availability of expanded family leave when school shifts to “online” education #70
  • whether paid sick leave or expanded family leave are available to care for a child other than one’s own? ##71-72
  • calculating pay for seasonal employees #75
  • eligibility for leave when employee is already on a leave of absence ##76-77
  • DOL’s enforcement timetable ##78-79.

Again, caveat, the new regulations (addressed in our post here) likely will supersede these FAQs if there is a conflict.  However, the FAQ format is user-friendly and written in plain English. So, they will be worthwhile to the extent they are consistent with the regulations and the statute.

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