Labor & Employment Alert: DOL Issues Compliance Assistance Under the Families First Coronavirus Response Act | Brouse McDowell | Ohio Law Firm
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Labor & Employment Alert: DOL Issues Compliance Assistance Under the Families First Coronavirus Response Act

By Christopher J. Carney & Stephen P. Bond on March 25, 2020

This morning, the Department of Labor’s Wage and Hour Division published on its website compliance assistance to employers and employees on their rights and responsibilities under the Families First Coronavirus Response Act (FFCRA). As you will recall, we published a summary of two components of the FFCRA – the Emergency Paid Sick Leave Act and the Emergency Family Medical Leave Expansion Act – which can be found here.

Importantly, the law goes into effect on April 1, 2020, and is not retroactive to March 18, 2020, the date the FFCRA was signed into law. Therefore, the Labor Department has taken the position that, if an employer placed an employee on paid leave under the Emergency Paid Leave Act prior to the April 1st effective date, it will not count against the 80 hours of paid sick leave a full time employee would be entitled to under the law:

Can my employer deny me paid sick leave if my employer gave me paid leave for a reason identified in the Emergency Paid Sick Leave Act prior to the Act going into effect?
No. The Emergency Paid Sick Leave Act imposes a new leave requirement on employers that is effective beginning on April 1, 2020.

The Wage and Hour Division is in the process of promulgating regulations, which are supposed to be out by April 2nd, but this compliance assistance Q & A is very informative. The full Q & A can be found here.

If you have any questions on these new laws, please contact Chris Carney at 216.830.6825 or Steve Bond at 440.934.8110.

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