As we wrote about here, the U.S. Department of Labor (“DOL”) has issued informal guidance to help employers understand their rights and obligations under the Families First Coronavirus Response Act (“FFCRA”). DOL has since updated that guidance to address topics such as the following:

  1. Whether employees are eligible for paid leave if they are unable to work due to layoff, furlough, or hours-reduction resulting from business downturns or a governor-issued stay-at-home order;
  2. Documentation that the employer can require from employees for various forms of paid leave, and relatedly, documentation that the employer should retain to support its request for tax credits;
  3. Extent to which leave can be taken intermittently, both when teleworking and non-teleworking;
  4. Eligibility for unemployment benefits while collecting paid leave;
  5. Permissibility of supplementing FFCRA paid leave with  accrued paid time off;
  6. Health insurance continuation while on leave.

The guidance (as updated) can be found here.

At some point, DOL will issue formal regulations interpreting the FFCRA, but DOL has not released a specific timeline for doing so. In the meantime, this informal guidance provides some helpful direction.

Should you have any questions about the guidance, or the FFCRA, feel free to reach out to any Frantz Ward Labor and Employment attorney.

Frantz Ward has established a Coronavirus Response Team to assist clients in navigating the multitude of issues presented by the current crisis. For assistance in addressing these issues or in developing other strategies to protect your business, please contact Frantz Ward Partners Brian Kelly or Christopher Koehler and they will engage the appropriate members of the response team.