Employment Law Report
The Department of Labor Issues Temporary Rule for Paid Leave
The Department of Labor (“DOL”) issued a new temporary rule regarding paid leave under the Family First Coronavirus Response Act (“FFCRA”) on April 1, 2020. The rule is effective until December 31, 2020 and subject to change. The rule is available here
The DOL’s temporary rule:
- Provides direction for administration of the Emergency Paid Sick Leave Act (“EPSLA”), which requires that certain employers provide up to 80 hours of paid sick leave to employees who need to take leave from work for specified reasons related to COVID-19.
- Provides direction for the effective administration of the Emergency Family and Medical Leave Expansion Act (“EFMLEA”), which requires that certain employers provide up to 10 weeks of paid, and 2 weeks unpaid, emergency family and medical leave to eligible employees if the employee is caring for his or her son or daughter whose school or place of care is closed or whose child care provider is unavailable for reasons related to COVID-19.
The DOL’s Wage and Hour Division (“WHD”) administers the paid leave provisions of the FFCRA, which includes EPSLA and EFMLEA. The WHD will post a recorded webinar on Friday, April 3, 2020 to provide interested parties a more in-depth description and help them learn more about the FFCRA. Viewers may call the WHD’s toll-free help line at 866-4US-WAGE to speak with a trained WHD professional about any questions they may have. Click here to view the webinar (https://www.dol.gov/agencies/whd/pandemic).
A few other resources the WHD offers on their website include:
- A Fact Sheet for Employers, available in both English and Spanish
- A list of Questions and Answers addressing the questions WHD has most frequently received from stakeholders to-date.
- Two new posters, one for federal workers and one for all other employees, available in both English and Spanish, that fulfill notice requirements for employers obligated to inform employees about their rights under this new law.
- A list of Questions and Answers about the notice requirements.
- A Field Assistance Bulletin describing WHD’s 30-day non-enforcement policy.
The WHD provides additional information on common issues employers and employees face when responding to COVID-19 and its effects on wages and hours worked under the Fair Labor Standards Act and job-protected leave under the Family and Medical Leave Act at: