Updated Department of Labor Provisions for FFCRA
The Families First Coronavirus Response Act (FFCRA) will go into effect on Wednesday, April 1st, 2020. The original Department of Labor release stated April 2nd, but new guidance issued last week clarified that it is in fact effective on the 1st.
The DOL has issued important updates. Links to these follow:
It is important to note:
- These leaves are not available to employees with reduced hours, furloughed employees, or employees whose workplaces are closed.
- These leaves are not available to employees whose workplaces are closed due to a federal, state, or local shelter-in-place or stay-at-home orders, or due to business slowdowns.
- These leaves (and payroll tax credit) are not retroactive. Employees are not entitled to pay under these leaves if they were absent or out of work (for any reasons) prior to April 1.
- Both emergency paid sick leave (EPSL) and Emergency Family and Medical Leave (EFMLA) can be taken on an intermittent basis in certain situations.
- Employees may not be required to use other forms of paid leave prior to or concurrently with EPSL or EFMLA.
- Employers should keep documentations to show that employees who received leave were actually in need of leave. We await IRS guidance on this.
This law goes into effect Wednesday, April 1, 2020.
If you have any questions about establishing policies, handling employee absences or creating a long-term plan, please reach out to Affinity HR Group via email at [email protected] or call us at 877-660-6400 to help you strategize a plan based on your particular circumstance.