DOL Issues Additional FAQs 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. The FFCRA 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.

 On April 3, the DOL’s Wage and Hour Division announced the following new guidance:

  • A recorded webinar explaining which employers are covered by the new law, which workers are eligible and what benefits and protections the law provides,
  • Additional questions and answers in response to the questions most frequently received to date through its extensive stakeholder engagement, and
  • Workplace posters translated into additional languages, which fulfill notice requirements for employers obligated to inform employees about their rights under the FFCRA. 

These resources can be found on WHD’s COVID-19 and the American Workplace website.

Last week, Newsline reported that DOL’s questions and answers document included 59 questions.  That document has now increased to 79 questions as of this writing. New topics include:

  • My child’s school or place of care has moved to online instruction or to another model in which children are expected or required to complete assignments at home. Is it “closed”? See FAQ #70
  • If I am a staffing company, how do I count internal workers and staffed workers under the FFCRA? See FAQ #74
  • May I take paid sick leave or expanded family and medical leave if I am receiving workers’ compensation or temporary disability benefits through an employer or state-provided plan? See FAQ #76
  • May I take paid sick leave or expanded family and medical leave under the FFCRA if I am on an employer-approved leave of absence? See FAQ #77
  • Will DOL begin enforcing FFCRA immediately? See FAQ #78
  • Does the nonenforcement position mean businesses do not need to comply with the FFCRA from the effective date of April 1, 2020, through April 17, 2020? See FAQ #79

To learn more about the new federal paid leave, register for the ABC members-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.