Federal Paid Leave Clarification from the U.S. Dept. of Labor

On Tuesday, March 24 the United States Department of Labor (DOL) announced that it has issued an employer fact sheet, an employee fact sheet, and Questions and Answer guidance to clarify some questions that have arisen in the past few days as carriers, employers, and employees attempt to understand the details of the Families First Coronavirus Response Act’s (FFCRA) paid leave provisions. For information on the FFCRA, please see our previous article.  

The DOL’s guidance answers some of the initial questions everyone has in trying to implement the FFCRA, for instance: 

  • The DOL clarified that the effective date is April 1, not April 2 as most of us in the industry had previously deduced from the FFCRA language. The FFCRA sunsets on December 31, 2020 
  • How to count 500 employees to determine FFCRA coverage 
  • How to determine full-time versus part-time employment 
  • How to determine pay benefits based on an employee’s schedule and wages 

The DOL is expected to post a notice of proposed rulemaking any day now to issue the promised regulations swiftly. Additionally, Congress is contemplating amendments to the FFCRA before the law is even effective.  

It’s no easy task to remain updated on the paid and unpaid leave of absence legislation resulting from the COVID-19 pandemic. Continue to check this FINEOS blog for more information.  

You may also be interested in