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CoronaVirus / COVID-19 – Some Employment Law Issues # 6D – Additional DOL Guidance on FFCRA

by D. Gregory Valenza | | Apr 22, 2020

Welcome to another post about Coronavirus and employment law.  This is “# 6D” because it’s another update to the U.S. Department of Labor’s guidance for employers implementing the Families First Coronavirus Response Act or FFCRA (numbered 6A-6D). The FFCRA (at least as it relates to paid sick leave and expanded family leave) is applicable to those employers with under 500 employees, who are subject to the FFCRA’s federal sick leave and the “expanded” FMLA.  However, California employers with 500 or more employees should check whether Governor Newsom’s new Executive Order expanding paid sick leave applies. (See our post here).

The DOL updated the FFCRA FAQ’s.  You can find them here. As you’ll see, the page has been reorganized by topic, but the questions are also listed in numerical order.  The newest tranche begins at Question #80 and goes through #88.  The new information includes the following:

  • How to compute the maximum amount of sick leave and expanded family leave available for employees who work irregular numbers of hours. Q ##80, 81
  • How to calculate the “regular rate of pay” for paid leave. Q ## 82, 83, 85.
  • Rounding the amount of sick leave available. Q # 84.
  • When it is acceptable run company-provided leave concurrently with federal paid sick leave / expanded family leave. Q #86.
  • Clarification that a “stay at home” or “shelter in place” order is the same as a “quarantine” order. Q #87.
  • Enforcement actions and the amount of pay recoverable. Q #88.

Remember to check the DOL’s regulations, which will control in the case of a conflict.  You can find our discussion of the regulations and a link here.  Also, employers may have multiple paid leave obligations due to company policy, as well as state and local sick leave laws and ordinances.

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