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More Answers About the FFCRA From the U.S. Department of Labor

The U.S. Department of Labor (USDOL) has supplemented the “Families First Coronavirus Response Act: Questions and Answers,” which addresses some of the practical questions many employers have been challenged with since the enactment of the Families First Coronavirus Response Act (FFCRA). The FFCRA goes into effect in just a few days, on April 1, 2020.

Employer Coronavirus Questions

The new information covers topics such as the records an employer needs to maintain when an employee takes paid sick leave or expanded FMLA leave. This documentation will be important if an employer intends to claim a tax credit under the FFCRA for wages paid for leave taken under this new law. In addition, this publication offers guidance on what it means to be “unable to work” and whether paid sick leave or expanded FMLA leave can be taken on an intermittent basis.

Other key questions addressed include the potential availability of FFCRA paid sick leave and expanded FMLA when the employee’s worksite is closed or when an employee has been furloughed. The list of Questions and Answers has been expanded significantly since it was first published and is available to review in detail on-line.


Also, if you have not yet had a chance to review the FAQs published by the USDOL about the FFCRA poster, you can access that here. There is some practical guidance and solutions on topics including how to “post” the notice if your workforce is teleworking, whether the poster needs to be shared with employees who have been laid off, and whether the notice needs to be provided to job applicants.

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About this Author

Annmarie Simeone Member New Jersey labor and employment counseling

Annmarie Simeone concentrates her practice on labor and employment counseling and litigation.

Annmarie has a wide range of experience in state and federal courts, as well as in alternative dispute resolution venues, primarily defending management in claims made by employees under state and federal employment laws, including whistleblower claims, as well as claims alleging harassment and discrimination based on race, gender, religion, national origin, and disability.

Her work includes the defense of corporate defendants, as well as individual officers, directors, and employees...