Now that the Families First Coronavirus Response Act (FFCRA) became effective in April, the DOL has issued guidance to employers regarding the emergency sick leave and expanded FMLA leave, allowing them more flexibility in making decisions.
Effective through Dec. 31, 2020 for firms with less than 500 workers, the DOL new rules include the following specifications:
Small business exemption: Firms with fewer than 50 workers can seek an exemption from the FFCRA’s emergency leave by retaining documentation on how compliance would jeopardize their business.
Emergency paid sick leave: The DOL specifies that the leave cannot be used by an employee to care for someone else who’s quarantined unless they have a “personal relationship,” such as a family member or roommate.
Emergency FMLA leave: Employees may elect to use – or an employer may require an employee use – vacation, personal leave, etc., concurrently with the expanded FMLA.
Recordkeeping: For four years, employers must retain all FFCRA documentation on employees, whether or not a request for leave was granted.