Department of Labor adds FFCRA guidance

HomeCOVID-19Department of Labor adds FFCRA guidance

Washington, D.C.–The U.S. Department of Labor’s Wage and Hour Division (WHD) published questions and answers addressing critical issues on the Families First Coronavirus Response Act (FFCRA), which goes into effect on April 1, 2020.

That guidance includes topics such as the definition of a “health care provider” and the scope of the small business exemption for purposes of exclusion from the provisions of the Emergency Paid Sick Leave Act and Emergency Family and Medical Leave Expansion Act, as well as whether public sector employees may take paid family and medical leave.

“The response to the guidance we’ve published so far has illustrated the critical need that workers and employers have for this important information,” said Cheryl Stanton, Wage and Hour Division administrator. “This round includes some of the most common questions we are receiving and will help ensure that the American workforce has all the tools and information needed in these very trying times. We encourage everyone to check the Wage and Hour Division website frequently, as we continue to add guidance to help everyone understand what they are entitled to as we prepare for these vital new benefits to go into effect on April 1.”

This guidance adds to a growing list of compliance assistance materials published by WHD, including the English-language versions of a Fact Sheet for Employees, a Fact Sheet for Employers and two new required posters—one for federal workers and one for all other employees, as well as questions and answers about posting requirements and a Field Assistance Bulletin describing WHD’s 30-day non-enforcement policy. In addition, WHD posted its two recently released posters and fact sheets in Spanish on its COVID-19 website.

WHD also provides additional information on common issues employers and employees face when responding to COVID-19, and its effects on wages and hours worked under the Fair Labor Standards Act and job-protected leave under the Family and Medical Leave Act.

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