Guidance available on The Emergency Family and Medical Leave Expansion Act

Mar 27, 2020
Written by wpengine
The U.S. Department of Labor’s Wage and Hour Division (WHD) just issued Questions and Answers on the FFCRA, as well as a Fact Sheet for Employers and a Fact Sheet for Employees on the Emergency Family and Medical Leave Expansion Act that passed by Congress on March 18.
Highlights of the fresh-off-the press guidance include:
  • Effective Date: the duration of this law applies to leave taken between April 1, 2020 and December 31, 2020.
  • 500-Employee Threshold for Private Employer Coverage: private employers with fewer than 500 employees are covered by this law. The guidance clarifies ways joint employees such as temporary laborers are counted.
  • Small Business Exemption for School/Child Care Closure-Related Leave: exemptions are available for small businesses with less than 50 employees if providing expanded leaves would jeopardize the viability of the business.
  • 30-Day Eligibility Requirement for Emergency FMLA: covered employees must be employed for at least 30 calendar days by the employer.
  • Calculating an Employee’s Paid Sick Leave: rate is based on employee’s regular rate of pay with detailed guidance for employees with variable pay and schedule.
  • Leave for an Employee Caring for a Child Because Their School or Place of Care is Closed, or Child Care Provider is Unavailable: no guidance is given on the need to provide proof of closure.
According to the Department of Labor, more guidance and regulations on the FFCRA are forthcoming. You will find updated information at Washington Retail’s COVID-19 Retailer Resource Guide.