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DOL Latest FAQ on FFCRA: Might Employers Who Use Temp Agencies Actually Be on the Hook for Paid Sick and Paid FMLA Leave?

Are you an employer covered by the the Families First Coronavirus Response Act (FFCRA) and do you use temp employees?

Reopening America – Employers Facing Paid Leave Issues Under the FFCRA

As the “Reopening of America” begins, many employers will be faced with implementing the paid leaves provided by the Families First Coronavirus Response Act (FFCRA) which went into effect April 1, 2020, and will continue through the end of the year. You can find a summary of the leave requirements here and here. The purpose of this Legal Alert is to provide answers to some commonly asked questions employers have about the Act, which applies only to employers with less than 500 employees:

Guidance Released on Seeking Reimbursement for COVID-19 Testing and Treatment to Uninsured Individuals

The Families First Coronavirus Response Act, enacted on March 18, 2020, appropriated $1 billion to reimburse providers for conducting COVID-19 testing for the uninsured. In addition, part of the $100 billion Provider Relief Fund established by the Coronavirus Aid, Relief, and Economic Security Act, enacted on March 27, 2020, will be used to reimburse hospitals and other health care providers for expenses related to the treatment of uninsured individuals with COVID-19.

Managing the Notice and Documentation Requirements under the New Paid Sick and FMLA Leave Law

As employers have noodled on the new federal emergency paid sick leave (EPSL) and paid FMLA leave (FMLA+) law, you’ve done a double-and triple-take on the notice and documentation requirements under this new law. In short, they can be confusing. As a result, plenty of clients have asked me to break down this process just to confirm they are understanding these confusing rules.

New York Challenges FFCRA Leave Rules

On April 14, 2020, the State of New York filed a lawsuit against the U.S. Department of Labor challenging the DOL’s regulations, governing implementation of the Families First Coronavirus Response Act (FFCRA). The FFCRA requires private employers with fewer than 500 employees and government employers to provide emergency paid sick leave and FMLA leave to employees for reasons related to COVID-19.

Need Model Policies and Forms for the New Emergency Paid Sick and Paid FMLA Leave? Here are the Details

Under the Families First Coronavirus Act (FFCRA), employers with fewer than 500 employees are required to provide paid sick leave (EPSL) and paid FMLA leave (FMLA+) for certain reasons related to the Coronavirus pandemic. The law went into effect April 1 and its obligations continue through December 31, 2020.

DOL Publishes Fourth Round of FAQs on Paid Leave Law: Reinforces Position on Shelter-in-Place and Isolation Orders, Reasons for Paid Sick Leave

For the past month, I’ve been in the leave law trenches with several Littler colleagues Alexis Knapp, Jim Paretti, Sebastian Chilco and Michael Lotito. The ‘virtual’ trenches, that is, which serves them well, as they have no clue I’ve spent nearly the entire time without a shower and in my PJs.

After Slight Reprieve, DOL Releases Additional Batch of FFCRA Q&As

After giving employers a day off from addressing new information concerning the federal Families First Coronavirus Response Act (FFCRA), which took effect April 1 and requires private employers with 499 or fewer employees, and certain public employers, to provide covered employees emergency paid sick leave and emergency unpaid and paid family leave, the U.S. Department of Labor (DOL) released 20 new Q&As concerning employer obligations and employee rights under this new law (new questions and answers start at #60, with some minor revisions to earlier Q&As). The full set of Q&As can be found here. Below we briefly address notable takeaways.

DOL Releases Regulations Implementing the Families First Coronavirus Response Act

On April 1, 2020, the day the federal Families First Coronavirus Response Act (FFCRA) took effect, the U.S. Department of Labor (DOL) released temporary regulations interpreting this new law that requires private employers with 499 or fewer employees, and certain public employers, to provide covered employees emergency paid sick leave (EPSL) and emergency unpaid and paid family leave (FMLA+). In the 124-page rulemaking document, the DOL covers a lot of ground. We read all of it so we could cover the highlights for you, but be sure to revisit the regulations—especially the preamble—for areas where you have particular questions. Below we discuss how the DOL interprets the law, provisions it clarifies, and new items it did not address in its recent three rounds of Q&As.

DOL Issues Regulations Implementing the New Emergency Paid Sick and Paid FMLA Law

A toast to the Department of Labor, which was thrust into a spotlight it didn’t seek. After Congress hastily cobbled together a bunch of confusing words on paper providing many American workers with a modest amount of paid sick leave and amending the FMLA to do the same, DOL was tasked with making sense of Congress’ ramblings in a matter of days.
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