The Mayor of the District of Columbia recently signed two emergency laws that expand obligations of employers to provide leave to employees for COVID-19 reasons:

On April 1, 2020, the Department of Labor (DOL) issued regulations implementing the Families First Coronavirus Response Act (FFCRA). In addition, DOL continues to update its FFCRA Q&As with further clarifications.
Continue Reading DOL’s new FFCRA regulations and Q&As on COVID-19 paid leave clarify documentation and other requirements

On March 27, 2020, the President signed into law a massive two trillion dollar stimulus bill addressing a wide range of challenges to our economy caused by the coronavirus (COVID-19) pandemic. The legislation, entitled the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), supplements and modifies prior bills, including the Families First Coronavirus Response Act (FFCRA), which we previously blogged about here, here, here, and here. While the CARES Act is lengthy (800+ pages) and complex, this post highlights in digestible portions a few of the significant provisions that are likely of the most interest to employers.
Continue Reading The Coronavirus Aid, Relief, and Economic Security Act: significant provisions for employers

Following two rounds of guidance on the paid leave provisions of the Families First Coronavirus Response Act (FFCRA) last week, the Department of Labor (DOL) released additional guidance this weekend addressing issues of critical importance to many covered employers: the scope of the FFCRA’s health care provider and emergency responder exemptions, and the scope of the small business exemption for private employers with fewer than 50 employees, along with answering other questions. DOL’s most recent guidance is summarized below and can be found here. DOL has confirmed it will be issuing regulations to implement the FFCRA.
Continue Reading Department of Labor clarifies health care provider, emergency responder, and small business exemptions and answers other questions under COVID-19 related paid leave law

As the April 1 effective date for the Families First Coronavirus Response Act (FFCRA) paid leave requirements rapidly nears, the Department of Labor (DOL) continues to update its compliance guidance for covered employers. As a reminder, the FFCRA’s leave provisions — which mandate paid sick leave and paid expanded Family and Medical Leave Act (FMLA) leave for qualifying needs related to COVID-19 — apply to private employers with fewer than 500 employees and to many public sector employers, regardless of size. More information about the FFCRA is available in our initial post about the FFCRA and in our subsequent posts about DOL’s initial guidance (here) and about the tax credit available to employers who provide FFCRA leave to their employees (here).
Continue Reading DOL issues corrected COVID-19-related paid leave poster and further compliance guidance for employers

Yesterday, March 24, 2020, the Wage and Hour Division of the Department of Labor (DOL) published a news release and three guidance documents on the Families First Coronavirus Response Act (FFCRA). As we explained in our recent post, the FFCRA will require covered employers to provide certain levels of paid emergency sick leave and paid Family and Medical Leave Act (FMLA) leave to employees for specified coronavirus-related reasons, the cost of which will be refunded to private employers through tax credits. As DOL recognized in a Field Assistance Bulletin also issued yesterday, the tax credits are unavailable to public sector employers.
Continue Reading DOL issues posters and initial guidance on FFCRA paid leave for coronavirus needs; announces April 1 effective date

President Trump signed the Families First Coronavirus Response Act (FFCRA) into law on March 18, 2020, the same day that it passed the Senate. Among other emergency measures intended to address the coronavirus pandemic, the FFCRA requires covered employers to provide employees with two distinct types of leave for coronavirus-related reasons—up to 2 weeks of paid sick leave, and job-protected leave under the Federal Family and Medical Leave Act (FMLA), the first 10 days of which may be unpaid and the remainder of which must be paid. Pay may be full pay or partial pay depending on the specific reason for the leave and is subject to caps.
Continue Reading President signs historic law requiring paid sick leave and paid FMLA leave for coronavirus-related needs

The Families First Coronavirus Response Act (FFCRA), a broad response to the COVID-19 coronavirus pandemic, has passed the House of Representatives by a vote of 363-40 and is expected to pass in the Senate and be signed into law by President Trump. The bill would impose significant obligations on covered employers, including requiring covered employers to provide employees who have a qualifying coronavirus-related need with up to 2 weeks of paid sick leave and up to 12 weeks of FMLA leave, most of which is partially paid. Although subject to change, the most recent iteration of the bill has the following key provisions:
Continue Reading Families First Coronavirus Response Act could mean massive changes for employers nationwide

The U.S. Department of Labor’s Wage and Hour Division (WHD) issued new FMLA medical certification and notice forms on September 4, 2018.  The forms are available here.  The new forms are substantively identical to the agency’s previous (now expired) forms, but they include the new expiration date—August 31, 2021—in the upper right hand corner.