By Randall Sutton, Partner – Employment Law & Litigation Practice Group
The Department of Labor has issued its first guidance on the Families First Coronavirus Response Act (FFCRA). You can find the guidance here. The DOL has clarified that the FFCRA takes effect on April 1. Unfortunately, the DOL has not yet provided clear guidance for employers with fewer than 50 fewer employees regarding exemptions to FFCRA coverage. According to the DOL: “To elect this small business exemption, you should document why your business with fewer than 50 employees meets the criteria set forth by the Department, which will be addressed in more detail in forthcoming regulations. You should not send any materials to the Department of Labor when seeking a small business exemption for paid sick leave and expanded family and medical leave.” The Guidance clarifies that this is additional leave and an employer’s prior payment of PTO or sick leave for a COVID-19 related reason prior to April 1 will not satisfy the FFCRA. More to follow as we receive further guidance from the DOL
Randall Sutton is a partner in the Employment Law and Litigation practice groups. Randy is also a member of the Health and Wine & Vine industry groups. The information in this article is not intended to provide legal advice. For professional consultation, please contact Randy at rsutton@sglaw.com at Saalfeld Griggs PC. 503.399.1070. © 2020 Saalfeld Griggs PC
