US Department of Labor Publishes Information Regarding Families First Coronavirus Response Act
The United State Department of Labor (DOL) has published the following resources in an apparent effort to respond to employers’ preliminary compliance concerns related to the newly enacted Families First Coronavirus Response Act (Act), which will provide emergency family and medical leave, as well as paid sick leave, for many employees across the country:
The DOL also stated it will be issuing implementing regulations regarding the new law in the near future. Of note, in the DOL’s latest communications:
- The paid leave provisions of the Act will take effect April 1, 2020 – not April 2nd as originally expected – and will apply to leave taken between April 1, 2020 and December 31, 2020.
- The paid leave provisions of the Act apply to private employers with fewer than 500 employees. The DOL’s Questions and Answers state that the 500 employee number is counted at the time the employee’s leave is to be taken. All full and part-time employees within the United States must be counted, including any employees in the District of Columbia, or any Territory or possession of the United States.
- The Act does not apply retroactively to any leave taken before April 1, 2020. Rather, the Act imposes a new leave requirement on employers that is effective beginning on April 1, 2020.
Keep in mind that the documents issued by the DOL to date are informal compliance assistance documents. These answers may change or be added to over time. Moreover, the DOL will be developing more formal guidance and regulations that may provide additional and more definitive information. Finally, later this week, the agency is expected to release a notice document for use by employers.
Amy McAndrew, Esquire
Director of Member Legal Services
MidAtlantic Employers’ Association
*This Alert is provided for general informational purposes only and does not constitute legal advice.