Highlights of New Guidance on Families First Coronavirus Response Act
In September, the Department of Labor issued additional guidance in interpreting the provisions of the Families First Coronavirus Response Act (the “Act”). The Act provides certain employees with emergency paid sick leave (EPSL) and emergency Family and Medical Leave Act (EFMLA) through December 31, 2020.
Among other topics, the additional guidance clarified that that EPSL may only be taken if the employee has work available to do. It is not applicable if the employer does not have remote work available or if the employee is on a lay-off.
The guidance also provided additional explanation for the requirement that an employee must have the employer’s approval if the employee wants to take leave under the Act intermittently. Intermittent leave is not automatically available unless the employer has already created a policy specifically allowing intermittent leave under the Act.
The definition of a “health care provider” was also revised to be consistent with the definition of that term under the Family Medical Leave Act regulations and employees who provide diagnostic services, preventative services, treatment services or other services that are integrated with and necessary to the provision of patient care which would adversely affect patient care if not otherwise provided.
The additional guidance clarified that employees requesting leave under the Act should provide supporting documentation and information to their employer as soon as practicable.
Finally, the new guidance corrected prior inconsistent guidance about when an employee needs to give notice to the employer about the employee’s intention to take leave under the Act.
All of the Department of Labor’s guidance on the Families First Coronavirus Response Act can be found at dol.gov.