log in
All Articles | Back

Member Articles


Department of Labor Issues Official FAQ on Families First Coronavirus Response Act 

by Mark Peters

Published: March, 2020

Submission: March, 2020

 



Late Tuesday night, the Department of Labor issued an official Frequently Asked Questions in regards to the recently passed Families First Coronavirus Response Act.


READ NOW: Our complete Families First coverage


Here are a few key takeaways:


  • The effective date of the Act is April 1, 2020. It is not retroactive and benefits provided prior to this date, even if consistent with the Act, do not count towards the new requirements and presumably are not eligible for the tax credits allowed under the Act.
  • Whether an employer is covered is determined by the number of employees as of the date the leave is requested. For purposes of determining whether there are 500 or fewer (and thus the employer is covered), the term “employee” is defined broadly to include employees on leave and temporary employees (even if employed by a temporary agency and working at the employer’s location, if a joint employer).
  • Interrelated but legally separate companies are separate employers unless they meet the “joint employment” test under the FLSA and the “integrated employer test” under the FMLA.
  • The term “emergency responder” has not been defined and the definition of “healthcare provider” under the FMLA has not been expanded.
  • To meet the “small business” exemption, an employer with less than fifty employees must document the reasons why providing the leave would jeopardize the viability of the business as a going concern. The Department promises more details and instructions to follow.
  • Overtime hours (but not overtime premiums) must be included in the calculation of paid leave.
  • The total number of paid leave a full-time employee can take under the Emergency Paid Sick Leave Act is 80 hours.
  • An employee who takes leave to care for a child whose school is closed for COVID-19 related reasons may be eligible for twelve weeks of paid leave under the FFA.

Click here to read the complete FAQ document.


 


Click here to read more.


 


 

MEMBER COMMENTS

 

 

WSG Member: Please login to add your comment.

    Disclaimer

WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

HOME | SITE MAP | GLANCE | PRIVACY POLICY | DISCLAIMER |  © World Services Group, 2020