TPC is your partner in employee management, from attracting top talent to creating a work environment where they will thrive. As your partner, we are here to explain the emergency legislation, Families First Coronavirus Response Act (FFCRA) and Coronavirus Aid, Relief, and Economic Security Act (CARES Act), that Congress has passed in response to the COVID-19 crisis to help you understand how this legislation may apply to or impact your business.
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Emergency Leaves Under The Families First Coronavirus Response Act

Open the PDFs below for flow charts that help you determine how your business may be impacted by FFCRA.
Who Should Comply - DOWNLOAD

How To Comply - Download

NEW COVID-19 UPDATES

DOL GUIDANCE
FFCRA Documentation
DOL Interperation Update
CARES ACT
FFCRA FAQs
FFCRA Update
FFCRA
DOL Statement
DOL PTO Update
New Guidance

DOL GUIDANCE

WEDNESDAY, APRIL 1

An individual generally is entitled to FFCRA’s paid sick leave regardless of how much leave has been taken under the FMLA, the DOL said in recent guidance, but if someone takes paid sick leave concurrently with the first two weeks of Emergency Family and Medical Leave, which otherwise would be unpaid, those two weeks do count toward the 12 workweeks in the 12-month period.

Additionally, to resolve inconsistencies between the FFCRA’s paid sick time and expanded Family and Medical Leave Act (FMLA) provisions, DOL said it would set the unpaid period for emergency FMLA leave at two weeks, rather than 10 days. “As a practical matter, the unpaid period for employees who work regular Monday-through-Friday schedules would still be ten days because that is the number of days they would work in two weeks,” DOL said.

Among other things, the regulations make clear that an employee may elect to use — or an employer may require that an employee use — paid time off such as vacation or personal time concurrently with expanded family and medical leave.

FFCRA Documentation

WEDNESDAY, APRIL 1

The DOL/IRS said that the employee must provide a signed statement containing:

  • The employee’s name.
  • The date(s) for which leave is requested.
  • The coronavirus-qualifying reason for leave.
  • A statement that the employee can’t work or telework because of this reason.

The DOL/IRS said that an individual requesting under the emergency paid sick leave and emergency family and medical expansion leave must provide:

  • The name and age of the child being cared for.
  • The name of the school, place of care or childcare provider that closed or became unavailable due to coronavirus reasons.
  • A statement representing that no other suitable person is available to care for the child during the period of the requested leave.
  • A statement with respect to the employee’s inability to work or telework because of a need to provide care for a child older than fourteen years of age during daylight hours and a statement regarding the special circumstances.

DOL Interperation Update

WEDNESDAY, APRIL 1

The DOL also released further interpretation stating that “quarantine or isolation order” does include a shelter-in-place or stay-at-home order issued by the government. Several U.S. states, municipalities, and counties are currently under these orders; this means any employee working for a covered employer in these covered areas will be entitled to Emergency Paid Sick Leave under reason number 1 if they cannot perform the job remotely.  The only individuals excluded from this provision are health care providers and emergency responders or companies who have received an exemption from the Secretary of Labor.

CARES ACT

Friday, March 27

The President signed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act)

. The new law is a $2 trillion economic stimulus package designed to repair the economic damage caused by COVID-19 and provide additional protection to individuals and businesses who may lose income due to the pandemic.

FFCRA FAQs

Friday, March 27

The DOL release their interpretation FAQs on their Families First Coronavirus Response Act: Questions and Answers webpage.

The major highlights include; these leaves are not available to employees with reduced hours, furloughed employees, or employees whose workplaces are closed; 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; both emergency paid sick leave (EPSL) and emergency Family and Medical Leave (EFMLA) can be taken on an intermittent basis in certain situations.

FFCRA Update

Wednesday, March 25

The wage and hour bulletin released a statement saying “That the non-enforcement period runs from the date of enactment of the FFCRA (March 18), not the effective date  of the FMLA expansion and paid sick leave provisions (April 1).”

FFCRA

Tuesday, March 24

The Department of Labor (DOL) announced that the effective date of the leaves available through the Families First Coronavirus Response Act (FFCRA) will be April 1, 2020.

DOL Statement

Tuesday, March 24

The DOL announced, “You have fewer than 500 employees if, at the time your employee’s leave is to be taken, you employ fewer than 500 full-time and part-time employees within the United States, which includes any State of the United States, the District of Columbia, or any Territory or possession of the United States.”

DOL PTO Update

Friday, April 24

The DOL announced that paid time off that is (a) available to an employee under the employer’s policies and (b) allows the employee to care for her child or children because their school or place of care is closed or unavailable for a COVID-19 related reason, may run concurrently with the FFCRA’s emergency paid Family and Medical Leave Act (FMLA) leave, DOL said. An employer may require that the leaves in this scenario be run concurrently. Employers may not, however, run employer-provided paid time off concurrently with the FFCRA’s paid sick time.

If an employer requires that non-FFCRA paid time off be run concurrently with emergency paid FMLA leave, it must pay the employee’s full pay during that leave until the employee has exhausted available paid time off under the employer’s plan, DOL said, including vacation and/or personal leave. The employer in this situation may only obtain tax credits for wages paid at two-thirds the employee’s regular rate of pay, up to $200 per day or $10,000 total.

New Guidance

FRIDAY, APRIL 3

Documentation: Employers may not require more documentation from employees than is described below.  For instance, employers may not request a doctor’s note or an official notice from a closed school or daycare.

EPSL due to Stay-at-Home Orders: In some narrow circumstances, an employee who is subject to a stay-at-home order may be able to receive EPSL. They will only be eligible if the business is open and has work for them to do, but a stay-at-home order that applies specifically to them as an individual prevents them from working. For instance, if the retail store where an employee works as a cashier is still open, but the employee is over 65 and subject to an executive order from their governor that all people over 65 should stay home, they would be eligible for EPSL.

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FEDERAL AND STATE RESOURCES

PPP Flexibility Act - DOWNLOAD

State and Federal Downloadable Resources

Open the PDFs below for information that will help your business learn about the state and federal resources and announcements.

FREQUENTLY ASKED QUESTIONS

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HELPFUL SOURCES

We’ve collected credible sources to keep you informed with accurate information and to provide tips on how to prevent the spread of coronavirus among your employees.

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