On March 24, 2020 the Department of Labor issued 3 fact sheets explaining paid sick leave and expanded family and medical leave under the Families First Coronovirus Response Act (FFCRA).

It is important to note that the Act takes effect on April 1, 2020, not April 2, 2020 as was previously reported. The 3 fact sheets are a Fact Sheet For Employees a Fact,`Sheet For Employers and a Questions and Answers document.

The DOL provides guidance on how an employer is to count the number of employees – including counting those on temporary leave, temporary employees who are jointly employed by you and another employer and day laborers who are supplied by a temporary agency. The Act excludes independent contractors.

For employers with less than 50 employees who would jeopardize the viability of their business as an ongoing concern and want to take advantage of the exemption for business with less than 50 employees, there will be additional regulations issued in the future.

There is guidance on how to calculate pay for part time employees. A part time employee is entitled to leave for his/her average number of work hours in a 2 week period. If the hours vary, you may use a 6 month look back period to calculate the average daily hours. If the employee has not been employed for 6 months, then use the number of hours you and the employee agreed the employee would work upon hire.

The guidance is very clear that not all FMLA is paid leave, paid leave is only for reasons set forth in the FFCRA.

For more details, please see the links below:
http://www.dol.gov/newsroom/releases/whd/whd20200324

If you have ANY questions, please contact the Kitch Employment Team.

Any information included here or through our web site is presented solely for general informational purposes and is not in any way intended as legal advice, is not a substitute for getting actual legal advice from an attorney, and should not be acted upon as legal advice without first seeking qualified professional counsel specific to your needs and situation. Additionally, by providing this general information and the information on our web site, no attorney client relationship is created.

Department of Labor Issues Guidance on Families First Coronavirus Response Act

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