Background
One of the major challenges for employers since the passage of the Families First Coronavirus Response Act (FFCRA) has been determining which employees, if any, are eligible for leave under the FFCRA’s paid leave provisions. Both provisions — the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act — offer leave to employees under specific circumstances. Collectively, the FFCRA has left both employers and their employees confused as to who is and is not covered.
To address this issue, the US Department of Labor (DOL) has created an online tool to help employees determine whether they are eligible to take leave under the FFCRA.
Summary
On June 23, 2020, the DOL launched an online tool to help employees find out whether they are eligible to take paid or unpaid leave under the FFCRA’s various provisions. The tool does not require any personal information from the employee but asks a series of questions about their employer and specific circumstances. Based on the answers to these questions, the tool determines the employee’s eligibility.
As of now, the DOL has not launched a similar tool for employers, but its website states that an employer tool is coming soon.
Employers Next Steps
- Let your employees know about the DOL’s new online tool and give them access to it. This step could help to reduce the number of FFCRA leave-related questions from employees and provide a greater sense of transparency.
- If you are a Full-Service or Virtual HR client and would like our assistance with updating your FFCRA leave policies, 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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