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Small Business Guide to DOL Guidance on Coronavirus-Related Paid Leave


Learn the Basics

  • Assuming I am a covered employer, which of my employees are eligible for paid sick leave and expanded family and medical leave? • See Question 38
  • Who is a covered employer that must provide paid sick leave and expanded family and medical leave under the FFCRA? • See Question 39
  • Who is a full-time employee under the Emergency Paid Sick Leave Act? • See Question 48
  • Who is a part-time employee under the Emergency Paid Sick Leave Act? • See Question 49
  • Which employees are exempt from the leave requirements as “health care providers” and “emergency responders”? • See Questions 55, 56 and 57
  • How do I learn more about the small business exemption? • See Question 58 & 59
  • If I am a staffing company, how do I count internal workers and staffed workers under the FFCRA? • See Question 74
  • Will DOL begin enforcing FFCRA immediately? • See Question 78
  • Does the non-enforcement position mean businesses do not need to comply with the FFCRA from the effective date of April 1, 2020 through April 17, 2020? • See Question 79

Calculating Employee Hours and Pay:

  • How do I count hours worked by a part-time employee for purposes of paid sick leave or expanded family and medical leave? • See Question 5
  • When calculating pay due to employees, must overtime hours be included? • See Question 6
  • Are the paid sick leave and expanded family and medical leave requirements retroactive? • See Question 13
  • May I supplement or adjust the pay mandated under the FFCRA with paid leave that the employee may have under my paid leave policy? • See Question 32
  • May I require my employee to take paid leave he or she may have under my existing paid leave policy concurrently with expanded family and medical leave under the FFCRA? • See Question 33
  • If I want to pay my employees more than they are entitled to receive for paid sick leave or expanded family and medical leave, can I do so and claim a tax credit for the entire amount paid to them? • See Question 34
  • How much do I pay a seasonal employee with an irregular schedule for each day of paid sick leave or expanded family and medical leave that he or she takes? • See Question 75

Poster Requirements:

  • Where do I post this notice? Since most of my workforce is teleworking, where do I electronically “post” this notice? • See Question 1
  • Do I have to post this notice in other languages that my employees speak? Where can I get the notice in other languages? • See Question 2
  • Do I have to give notice of the FFCRA requirements to new hires? • See Question 5
  • I am a small business owner. Do I have to post this notice? • See Question 7

Return to School:

  • My child’s school is operating on an alternate day (or other hybrid-attendance) basis. The school is open each day, but students alternate between days attending school in person and days participating in remote learning. They are permitted to attend school only on their allotted in-person attendance days. May I take paid leave under the FFCRA in these circumstances? • See Question 98
  • My child’s school is giving me a choice between having my child attend in person or participate in a remote learning program for the fall. I signed up for the remote learning alternative because, for example, I worry that my child might contract COVID-19 and bring it home to the family. Since my child will be at home, may I take paid leave under the FFCRA in these circumstances? • See Question 99
  • My child’s school is beginning the school year under a remote learning program out of concern for COVID-19, but has announced it will continue to evaluate local circumstances and make a decision about reopening for in-person attendance later in the school year. May I take paid leave under the FFCRA in these circumstances? • See Question 100

Other Resources for Employers:



The information contained in the Coronavirus Update webpage is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.
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