The Families First Coronavirus Response Act (FFCRA) was signed into law on March 18th, 2020

Employers must post this notice of employee rights.

https://www.dol.gov/sites/dolgov/files/WHD/posters/FFCRA_Poster_WH1422_Non-Federal.pdf

The act reserves the right for the secretary to exclude certain care providers and first responders from the list of eligible employees and to exempt small businesses with fewer than 50 employees from providing paid leave for child care if business viability is jeopardized.
We strongly advise that you read through the entire document prior to Wednesday, April 1st so you have an understanding of how the leaves work. You can find the link below. The following are some highlights from the updated guidance.

  • These leaves are not available to employees with reduced hours, furloughed employees, or employees whose workplaces are closed. See questions 23-28.
  • These leaves are not available to employees whose workplaces are closed due to a federal, state, or local shelter-in-place or stay-at-home orders, or due to business slowdowns. See question 23.
  • These leaves (and payroll tax credit) are not retroactive. Employees are not entitled to pay under these leaves if they were absent or out of work (for any reasons) prior to April 1. See question 13.
  • Both emergency paid sick leave (EPSL) and emergency Family and Medical Leave (EFMLA) can be taken on an intermittent basis in certain situations. See Questions 20-22 for explanations about when intermittent leave is allowed.
  • Employees may not be required to use other forms of paid leave prior to or concurrently with EPSL or EFMLA. See questions 32 and 33.
  • Employers should keep documentation to show that employees who received leave were actually in need of leave. The documentation requirements will be outlined in soon-to-be-released IRS guidance. See Questions 15 and 16.

Questions about the Employee Rights poster link:
https://www.dol.gov/agencies/whd/pandemic/ffcra-poster-questions

FFCRA Leaves Questions and Answers:
https://www.dol.gov/agencies/whd/pandemic/ffcra-questions

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