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March 30th, 2020
The FFCRA Implementation Date is Coming Up – How to Get into Compliance
Employers are reminded that the new Families First Coronavirus Act will go into effect commencing on April 1, 2020 and continuing through December 31, 2020. Employers should not only be aware of the law’s key provisions, but know how to stay complaint and provide mandatory notice to employees.
What are the key FFCRA provisions again?
Covered employers (those with fewer than 500 employees) must provide all employees with:
- Two (2) weeks of paid sick leave at the employee’s regular rate of pay when the employee is unable to work because the employee is quarantined (pursuant to federal, state or local government order or advice of a health care provider), and/or experiencing COVID-19 symptoms and seeking a medical diagnosis; or 2 weeks of paid sick leave at 2/3 the employee’s regular pay rate because the employee is unable to work because of a bona fide need to care for an individual subject to quarantine, or care for a child whose school or child care provider is closed or unavailable because of COVID-19.
Please see our prior alert for information about calculating and caps on rates of pay.
In addition, employers must provide any employee that it has employed for at least 30 calendar days with:
- Ten (10) weeks of paid expanded family and medical leave at 2/3 the employee’s regular rate of pay where an employee is unable to work (or telework) due to a bona fide need to care for a child whose school or child care provider is closed for reasons related to COVID-19.
Small businesses (fewer than 50 employees) may qualify for an exemption from the requirement to provide leave due to school closings if it would jeopardize the viability of the business as a going concern.
Paid leave benefits plus the cost of health insurance premiums during leave will be 100% covered by a dollar-for-dollar refundable tax credit available to the employer.
What notice do employers need to provide?
Employers are required to provide notice of the FFCRA to their employees. The FFCRA notice is available on the US DOL website, or here. Employers should post it in a “conspicuous place on the premises” or, if workers are teleworking, email or post it on an internal or external website.
What documents do employers need?
Employees should provide their employer with documentation including: Employee’s name; qualifying reason for requesting leave; a statement that the employee is unable to work, including telework, for that qualifying reason; and the date(s) for which leave is requested. Documentation of the reason for the leave is also necessary, including the source of any quarantine or isolation order, the name of the health provider who ordered the employee to quarantine, or the notice of school closing posted on a government, school or day care website. Employers who wish to seek payroll tax credits should retain this documentation in their records.
If you have any questions about complying with the FFCRA, or about other employment law issues, please contact, please contact, Tricia Legittino, Wendy Stryker, Viviane Scott or any other member of the Frankfurt Kurnit Employment Compliance, Training & Litigation Group.
Other Employment Law Alerts
Reopening: Can an Employer Require Antibody Testing For Returning Employees?
Last week, the EEOC updated its COVID-19-related guidance for employers, titled What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws. In general, this EEOC resource contains important guidance to help employers implement strategies to navigate the impact of COVID-19 in the workplace. In the most recent update, the EEOC answered the question: Under the Americans with Disabilities Act (ADA), may an employer require antibody testing before permitting employers to re-enter the workplace? Read more.
June 23 2020
California Employees Who Refuse to Return to Work Risk Loss of Unemployment Benefits
Here’s some news for California employers and employees wrestling with the question of how to return to work. Read more.
June 16 2020
EEOC Updates Key Guidance for Employers Reopening Workplaces
The EEOC updated What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws. The update contains important new guidance to help employers manage employee requests lawfully while reopening offices and other workplaces. Read more.
June 16 2020