January 18, 2022

Volume XII, Number 18

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January 15, 2022

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DOL Updates Guidance on Coronavirus Paid Leave Law, Addresses Business Re-openings

The Department of Labor has released a new set of “Questions and Answers” for employers under the Families First Coronavirus Response Act (“FFCRA”).  The guidance supplements the temporary rule issued by DOL in April; final regulations are still forthcoming.

FFCRA provides (1) paid sick leave and (2) paid family medical leave under certain circumstances created by COVID-19.  We previously posted about these forms of leave in March, April, and June.  See our entries herehereherehere, and here.

The Q & As aim to clarify application of the FFCRA, and to address common scenarios that have been causing uncertainty for employers.  The guidance runs to forty-nine (49) printed pages, answering ninety-seven (97) questions, in the following categories:  “Definitions,” “Eligibility,” “Coverage,” “Application,” and “Enforcement.”

The new FAQs focus heavily on how employers can reopen closed businesses in accordance with FFCRA’s leave requirements.  Among other things, it addresses the increasingly common scenario of returning furloughed employees to work, and explains how their leave entitlement should be counted in conjunction with the FMLA.

DOL also makes clear that employers may not use the possible taking of FFCRA leave as a negative factor in an employment decision, such as whether to return someone from layoff.  Employers also may not discriminate or retaliate against anyone for availing themselves of FFCRA protections.

Employers facing specific areas of uncertainty under the FFCRA may find clarification and aid in these new FAQs.  But, businesses should continue to monitor the DOL guidance for further updates or changes, and should stay tuned for the eventual implementing regulations.

Copyright © 2022, Hunton Andrews Kurth LLP. All Rights Reserved.National Law Review, Volume X, Number 210
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Christy Kiely Employment Lawyer Hunton Andrews Kurth Law Firm Richmond

Christy’s practice encompasses employmentlitigation, EEOC charges, #MeToo investigations, pay equity analyses, advice, training, affirmative action, and audit defense before the OFCCP.

Christy’s work focuses on pay equity analyses, affirmative action work and audit defense before the Office of Federal Contract Compliance Programs. She also has substantial experience with employment litigation in federal and state courts, administrative practice before the Equal Employment Opportunity Commission, and advice to business management and in-house counsel on a full range of employment...

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Robert T. Dumbacher Labor & Employment Attorney Hunton Andrews Kurth Atlanta, GA
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Bob’s practice focuses on representing and advising employers in complex labor relations and employment planning and disputes, including trade secrets/non-compete disputes and wage and hour issues.

Bob has obtained numerous positive results in litigated matters, including large-scale labor relations matters and restrictive covenants disputes, one of which was the groundbreaking relief under Georgia’s recently-passed Restrictive Covenants Act. Bob believes it is important for employers to proactively think about how to avoid or mitigate the risks of litigation and works closely with...

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