DOL Issues Guidance for the FFCRA

April 7, 2020

The Wage and Hour Division, U.S. Department of Labor (DOL) has promulgated regulations (Temporary Rule) to implement public health emergency leave under Title I of the Family and Medical Leave Act (FMLA) and emergency paid sick leave to assist working families facing public health emergencies arising out of the COVID-19 global pandemic. The leave provisions are created by a time-limited statutory authority established under the Families First Coronavirus Response Act (FFCRA).  The Temporary Rule is effective from April 1, 2020 through December 31, 2020 and was published today in the Federal Register.  https://www.govinfo.gov/content/pkg/FR-2020-04-06/pdf/2020-07237.pdf

The Temporary Rule includes the following provisions and topics:

826.10 General.

826.20 Paid leave entitlements.

826.21 Amount of Paid Sick Leave.

826.22 Amount of pay for Paid Sick Leave.

826.23 Amount of Expanded Family and Medical Leave.

826.24 Amount of pay for Expanded Family and Medical Leave.

826.25 Calculating the Regular Rate under the FFCRA.

826.30 Employee eligibility for leave.

826.40 Employer coverage.

826.50 Intermittent leave.

826.60 Leave to care for a Child due to School or Place of Care closure or Child Care unavailability—intersection between the EPSLA and the EFMLEA.

826.70 Leave to care for a Child due to School or Place of Care closure or Child Care unavailability—intersection of the EFMLEA and the FMLA.

826.80 Employer notice.

826.90 Employee notice of need for leave.

826.100 Documentation of need for leave.

826.110 Health care coverage.

826.120 Multiemployer plans.

826.130 Return to work.

826.140 Recordkeeping.

826.150 Prohibited acts and enforcement under the EPSLA.

826.151 Prohibited acts and enforcement under the EFMLEA.

826.152 Filing a complaint with the Federal Government.

826.153 Investigative authority of the Secretary.

826.160 Effect on other laws, employer practices, and collective bargaining agreements.

If you have any questions about the FFCRA’s application or implementation, please contact S. Eric Steinle or Carole DeWald.



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