New COVID-19 Resources for help with FFCRA

Last week, the Department of Labor (DOL) published the required posters and additional guidance regarding the Families First Coronavirus Response Act (FFCRA). They also added questions and answers (there are now well over 50) to their Q&A sheet.

The posters can be found here:

Significant new information in the Questions and Answers includes required documentation and benefit continuation for both emergency paid sick leave and the expanded Family Medical Leave Act (FMLA). It says:

  • Employers can require documentation for both sick leave and expanded FMLA. Documentation may include a notice of closure or unavailability from your child’s school, place of care, or child care provider.
  • Employees can take intermittent emergency sick leave or extended FMLA if the employer allows it and if employees are unable to telework your normal schedule of hours due to one of the qualifying reasons in the Emergency Paid Sick Leave Act.
  • Furloughed employees are not eligible for emergency sick leave or expanded FMLA after the furlough begins. They may be eligible for unemployment, however.
  • Employees who elect to take paid sick leave or expanded family and medical leave may be eligible for continued coverage under a group health plan. If an employer provides group health coverage that the employee has elected, the employee is entitled to continued group health coverage during expanded family and medical leave on the same terms as if you continued to work. If an employee does not return to work at the end of expanded family and medical leave, they may be able to continue coverage under the Consolidated Omnibus Budget Reconciliation Act (COBRA).

The expanded Q&A, along with a plethora of other documents, is available here. As always, please call Employers Council with questions.