Department of Labor Ruling Provides Guidelines on Families First Coronavirus Response Act

April 3, 2020 |The U.S. Department of Labor (DOL) issued a temporary ruling on the new Families First Coronavirus Response Act (FFCRA) designed to clarify some of the act’s provisions, particularly on how businesses with fewer than 50 employees may qualify for an exemption from the FFCRA leave requirements.

The FFCRA, which took effect on April 1, now requires companies with fewer than 500 employees to provide employees with paid sick leave and expands family and medical leave for reasons related to COVID-19.

Among other provisions, the FFCRA originally listed that if employees are subject to a “Federal, State, or local COVID-19 quarantine or isolation order,” they would be entitled to the emergency paid sick leave. The DOL refined the phrase “quarantine or isolation orders” to include a broad range of governmental orders, which currently vary by state. It now includes shelter-in-place, stay at home, or quarantine orders. In addition, it clarified that employees may take paid sick leave if they are subject to one of these orders, but only if they would be unable to work or telework while complying with mandated quarantine or isolation orders.

The rule is now in effect through December 31, 2020, when the statutory leave requirements expire under the FFCRA.