Health & Welfare Plans Newsletter

BULLETIN
March 25, 2020

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[Official Guidance]

Text of DOL Posters and FAQs: Families First Coronavirus Response Act (FFCRA)

13 Q&As about the posters, including:  [1] Where do I post this notice? Since most of my workforce is teleworking, where do I electronically “post” this notice? [2] Do I have to post this notice in other languages that my employees speak?  [3] Do I have to share this notice with recently laid-off individuals? [4] Do I have to give notice of the FFCRA requirements to new hires? [5] If my state provides greater protections than the FFCRA, do I still have to post this notice? [6] Our employees must report to our main office headquarters each morning and then go off to work at our different worksite locations. Do we have to post this notice at all of our different worksite locations?

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

[Official Guidance]

Text of DOL Field Assistance Bulletin 2020-1: Temporary Non-Enforcement Period Applicable to the Families First Coronavirus Response Act (FFCRA)

"The Department will not bring enforcement actions against any public or private employer for violations of the Act occurring within 30 days of the enactment of the FFCRA, i.e. March 18 through April 17, 2020, provided that the employer has made reasonable, good faith efforts to comply with the Act."

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

[Official Guidance]

Text of DOL FAQs: COVID-19 and the Family and Medical Leave Act

"Which employees are eligible to take FMLA leave? ... Must an employer grant leave to an employee who is sick or who is caring for a family member that is sick? ... Can an employee stay home under FMLA leave to avoid getting pandemic influenza? ... What legal responsibility do employers have to allow parents or care givers time off from work to care for the sick or children who have been dismissed from school? ... Is an employer required by law to provide paid sick leave to employees who are out of work because they have pandemic influenza, have been exposed to a family member with influenza, or are caring for a family member with influenza? ... May employers send employees home if they show symptoms of pandemic influenza? Can the employees be required to take sick leave? Do they have to be paid? May employers prevent employees from coming to work? ... May an employer require an employee who is out sick with pandemic influenza to provide a doctor"s note, submit to a medical exam, or remain symptom-free for a specified amount of time before returning to work? ... May employers change their paid sick leave policy if a number of employees are out and they cannot afford to pay them all? ... If an employer temporarily closes his or her place of business because of an influenza pandemic and chooses to lay off some but not all employees, are there any federal laws that would govern this decision? ... Some employees may not be able to come to work because they have to take care of sick family members. May an employer lay them off? ... What types of policy options do employers have for preventing abuse of leave?"

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

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Lois Baker, J.D., President  loisbaker@benefitslink.com
David Rhett Baker, J.D., Editor and Publisher  davebaker@benefitslink.com
Holly Horton, Business Manager  hollyhorton@benefitslink.com

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BenefitsLink Health & Welfare Plans Newsletter, ISSN no. 1536-9595. Copyright 2020 BenefitsLink.com, Inc. All materials contained in this newsletter are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of BenefitsLink.com, Inc., or in the case of third party materials, the owner of those materials. You may not alter or remove any trademark, copyright or other notices from copies of the content.

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