Dept. of Labor Updates FFCRA Questions and Answers – Intermittent Leave, Furlough, and Length of Leave

The U.S. Department of Labor (“DOL”) continues to update its compliance assistance for the Families First Coronavirus Response Act (“FFCRA”), in the form of “Questions and Answers.”  The DOL posted a temporary rule issuing regulations pursuant to the FFCRA on April 1, 2020; while we are digesting the temporary rule and preparing a forthcoming advisory, we wanted to highlight some of the important insights of the updated FAQs. The DOL published its initial guidance on March 24, 2020, summarized in a previous post, covering the FFCRA’s paid sick and paid family leave requirements as well as the mandatory notice to employees.

Some of the newest answers to FAQs include the following:

In addition to the above FAQs applicable to all employers, the DOL also answered some questions that are particularly relevant to health care entities:

Finally, the DOL issued guidance on the application of the small business exemption provided for by the FFCRA:

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National Law Review, Volumess X, Number 93