Background
Since the Families First Coronavirus Response Act (FFCRA) was signed into law by President Trump on March 18, 2020, the Department of Labor (DOL) has issued a series of FAQs to address common questions from employers and individuals. These FAQs are one of the most comprehensive resources available to employers as they attempt to interpret the FFCRA and apply its provisions to their business. You can find the full list of FAQs here.
Summary
On Thursday, May 7, the DOL added five new FAQs, numbers 89 through 93, to its ongoing list. These new FAQs cover the following topics:
- Are domestic workers such as housekeepers, landscapers, or in-home childcare providers eligible for paid sick leave or expanded family medical leave under the FFCRA? (FAQ 89)
- Are employees of a staffing agency with over 500 employees who are placed at a second business with fewer than 500 employees eligible for FFCRA leave from one or both businesses? (FAQ 90)
- How do I handle employees who are now requesting leave to care for their children after teleworking successfully for several weeks? (FAQ 91)
- What documentation, if any, can an employer require from an employee who is taking leave to seek a diagnosis due to COVID-19 related symptoms? (FAQ 92)
- Can employees seek FFCRA leave due to their child’s school being closed for the summer? (FAQ 93)
Employer Next Steps
- Employers should review all new and existing DOL guidance issued in these FAQs to ensure they are correctly interpreting the FFCRA requirements.
- If you are a Full-Service or Virtual HR client and you have questions about how this guidance pertains to your business or would like our assistance updating your leave policies in accordance with this new guidance, please email us.
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This content is provided with the understanding that HR Knowledge is not rendering legal advice. While every effort is made to provide current information, the law changes regularly and laws may vary depending on the state or municipality. The material is made available for informational purposes only and is not a substitute for legal advice or your professional judgment. You should review applicable laws in your jurisdiction and consult experienced counsel for legal advice. If you have any questions regarding this content, please contact HR Knowledge at 508.339.1300 or email us.
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