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DOL Updated FAQs Clarify FFCRA Paid Leave Issues, Including Concurrent Use of Leave
Thomson Reuters / EBIA 
[Guidance Overview] Apr. 23, 2020 "Q/A-86 clarifies an uncertainty left unresolved by the DOL's earlier FAQs, in part because of the contradictory provisions in the initial temporary regulations, but also because of the earlier FAQs' terminology. Stating that an employee's existing paid leave entitlements will be paid 'concurrently' with other leave does not unambiguously indicate whether leave relating to the same day is a supplement or substitute. Q/A-86 provides a better understanding of when an employer can require the use of existing leave to entirely replace FFCRA leave, and when existing leave can only be used as a supplement." |
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