DOL Issues Additional Guidance on Federal Paid Sick and Family Leave Requirements

The U.S. Department of Labor continues to issue compliance assistance materials on the Families First Coronavirus Response Act, which went into effect on April 1. On March 18, the Senate passed and the president signed into law H.R. 6201, the Families First Coronavirus Response Act, which requires private-sector employers with fewer than 500 employees, and certain public employers, to provide covered employees emergency paid sick leave and expanded family and medical leave. These provisions will be administered and enforced by the DOL’s Wage and Hour Division. Late this afternoon, the WHD posted a temporary rule issuing regulations pursuant to this new law, which ABC staff is currently reviewing.  Read the DOL press release here.

A growing list of compliance assistance materials published by WHD, include a Fact Sheet for Employees, a Fact Sheet for Employers, and two new required posters—one for federal workers and one for all other employees, as well as Questions and Answers about posting requirements, and a Field Assistance Bulletin describing WHD’s 30-day non-enforcement policy. Additional resources are available here.

The latest DOL questions and answers include 59 questions and addresses the below topics:

  1. 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? See FAQ #1
  2. As an employer, how do I know if my business is under the 500-employee threshold and therefore must provide paid sick leave or expanded family and medical leave? See FAQ #2
  3. 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? See FAQ #4
  4. As an employee, how much will I be paid while taking paid sick leave or expanded family and medical leave under the FFCRA? See FAQ #7
  5. What documents do I need to give my employer to get paid sick leave or expanded family and medical leave? See FAQ #16
  6. If my employer closed my worksite before April 1, 2020 (the effective date of the FFCRA), can I still get paid sick leave or expanded family and medical leave? See FAQ #23
  7. If my employer closes my worksite on or after April 1, 2020 (the effective date of the FFCRA), but before I go out on leave, can I still get paid sick leave and/or expanded family and medical leave? See FAQ #24
  8. Who is a covered employer that must provide paid sick leave and expanded family and medical leave under the FFCRA? See FAQ #39
  9. When does the small business exemption apply to exclude a small business from the provisions of the Emergency Paid Sick Leave Act and Emergency Family and Medical Leave Expansion Act? See FAQ #58
  10. ‚ÄčIf I am a small business with fewer than 50 employees, am I exempt from the requirements to provide paid sick leave or expanded family and medical leave? See FAQ #59

To learn more about the new federal paid leave, register for the ABC member-only webinar, New Federal Paid Leave and Stimulus Laws and the Impact of the COVID-19 Virus on the Construction Workplace, which will be held on April 9 at 3 p.m. EDT.

Additionally, visit ABC’s Coronavirus Update webpage.