Health & Welfare Plans Newsletter

BULLETIN
March 24, 2020

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[Official Guidance]

Text of DOL Q&As for Employers and Employees: The Families First Coronavirus Response Act

14 Q&As.  "What is the effective date of the Families First Coronavirus Response Act (FFCRA), which includes the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act?  ... If providing child care-related paid sick leave and expanded family and medical leave at my business with fewer than 50 employees would jeopardize the viability of my business as a going concern, how do I take advantage of the small business exemption? ... How do I count hours worked by a part-time employee for purposes of paid sick leave or expanded family and medical leave? ... As an employee, how much will I be paid while taking paid sick leave or expanded family and medical leave under the FFCRA? ... May I take 80 hours of paid sick leave for my self-quarantine and then another amount of paid sick leave for another reason provided under the Emergency Paid Sick Leave Act? ... If I am home with my child because his or her school or place of care is closed, or child care provider is unavailable, do I get paid sick leave, expanded family and medical leave, or both--how do they interact? ...  Are the paid sick leave and expanded family and medical leave requirements retroactive?"

Wage and Hour Division [WHD], U.S. Department of Labor [DOL]

[Official Guidance]

Text of DOL FFCRA Fact Sheet for Employees: Expanded Paid Leave Rights

"Generally, the Act provides that employees of covered employers are eligible for:

  • Two weeks (up to 80 hours) of paid sick time at the employee’s regular rate of pay where the employee is unable to work because the employee is quarantined (pursuant to Federal, State, or local government order or advice of a health care provider), and/or experiencing COVID-19 symptoms and seeking a medical diagnosis; or
  • Two weeks (up to 80 hours) of paid sick time at two-thirds the employee’s regular rate of pay because the employee is unable to work because of a bona fide need to care for an individual subject to quarantine (pursuant to Federal, State, or local government order or advice of a health care provider), or to care for a child (under 18 years of age) whose school or child care provider is closed or unavailable for reasons related to COVID-19, and/or the employee is experiencing a substantially similar condition as specified by the Secretary of Health and Human Services, in consultation with the Secretaries of the Treasury and Labor; and
  • Up to an additional 10 weeks of paid sick leave at two-thirds the employee’s regular rate of pay where an employee, who has been employed for at least 30 calendar days, is unable to work due to a bona fide need for leave to care for a child whose school or child care provider is closed or unavailable for reasons related to COVID-19."

Wage and Hour Division [WHD], U.S. Department of Labor [DOL]

[Official Guidance]

Text of DOL FFCRA Fact Sheet for Employers: Expanded Family and Medical Leave Requirements

"Generally, the Act provides that covered employers must provide to all employees:

  • Two weeks (up to 80 hours) of expanded family and medical leave at the employee’s regular rate of pay where the employee is unable to work because the employee is quarantined (pursuant to Federal, State, or local government order or advice of a health care provider), and/or experiencing COVID-19 symptoms and seeking a medical diagnosis; or
  • Two weeks (up to 80 hours) of expanded family and medical leave at two-thirds the employee’s regular rate of pay because the employee is unable to work because of a bona fide need to care for an individual subject to quarantine (pursuant to Federal, State, or local government order or advice of a health care provider), or care for a child (under 18 years of age) whose school or child care provider is closed or unavailable for reasons related to COVID-19, and/or the employee is experiencing a substantially similar condition as specified by the Secretary of Health and Human Services, in consultation with the Secretaries of the Treasury and Labor."

Wage and Hour Division [WHD], U.S. Department of Labor [DOL]

[Guidance Overview]

DOL Publishes Guidance Explaining Paid Sick Leave and Expanded Family and Medical Leave Under FFCRA

"The guidance ... addresses critical questions, such as how an employer must count the number of their employees to determine coverage; how small businesses can obtain an exemption; how to count hours for part-time employees; and how to calculate the wages employees are entitled to under this law.... The guidance announced today is just the first round of information and compliance assistance to come from WHD. A workplace poster required for most employers will be published later this week, along with additional fact sheets and more Q&A."

Wage and Hour Division [WHD], U.S. Department of Labor [DOL]

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