Updated DOL Guidance Regarding the FFCRA

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Patricia Tsipras

March 30, 2020

The official regulations interpreting the Families First Coronavirus Response Act (FFCRA) are expected soon from the Department of Labor (DOL). In the meantime, the DOL is assisting us with updated guidance periodically. Specifically, the DOL once again updated its FFCRA Q&A. The Q&A now addresses questions like:

  • What documents can employees be required to submit to their employers to use paid sick leave or expanded family and medical leave? (It depends on the reason for which the employee is taking leave.  See question 16 of the Q&A.)
  • Can workers take paid sick leave intermittently while teleworking? (Yes.  See question 20 of the Q&A.)
  • Can workers whose employers closed before the effective date of the FFCRA still get paid sick leave? (No.  See question 23 of the Q&A.)
  • Who is a “health care provider” (1) on whom an employer can rely for quarantine advice to an employee for purposes of evaluating entitlement to paid sick leave; or (2) who an employer may exclude from paid sick leave or expanded family and medical leave? (See questions 55 and 56 of the Q&A.)
  • What is the scope of the small business exemption for purposes of exclusion from the provisions of the Emergency Paid Sick Leave Act and Emergency Family and Medical Leave Expansion Act? (See questions 58 and 59 of the Q&A.)
  • Can public sector employees take paid family and medical leave? (It depends.  See question 53 of the Q&A.)
  • Can an employee take 12 weeks of Family and Medical Leave and 12 additional weeks under FFCRA? (No.  Employees are entitled to 12 weeks total.  See question 44 of the Q&A.)
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