On April 1, 2020, the Department of Labor (DOL) issued a temporary rule interpreting the paid leave provisions under the Families First Coronavirus Response Act (FFCRA). We will follow with more detailed thoughts on the rule, but the highlights include:

  • Key definitions, including “child care provider” (defined as including unpaid family caretakers in addition to paid child care settings) and “telework”
  • Discussion of interplay between “stay at home” orders and “isolation or quarantine” orders, and the availability of paid leave in connection with those orders
  • Clarification on employees’ options and employers’ ability to require use of paid time off concurrently with expanded FMLA leave for school closures
  • Key information for employers on determining exemptions for employees who are health care providers or emergency responders, and who therefore can be exempted from FFCRA coverage
  • Instructions on counting employees for purposes of FFCRA coverage
  • Elaboration on the exemption for employers with fewer than 50 employees
  • Documentation retention requirements and content for claiming the tax credits associated with the FFCRA
  • Clarification that employers not covered by the traditional FMLA are not subject to a private right of action from an employee under the expanded FMLA

We will follow up with more posts providing the detail on the temporary rule.

Information about COVID-19 and its impact on local, state and federal levels is changing rapidly. This article may not reflect updates to news, executive orders, legislation and regulations made after its publication date. Visit our COVID-19 resource page to find the most current information.