Additional Guidance on Quarantine Orders and Families First Coronavirus Response Act
The Department of Labor has issued additional guidance in interpreting the provisions of the Families First Coronavirus Response Act (the “Act”). On March 18, 2020, the Act was signed into law which provided certain employees with emergency paid sick leave (EPSL) and emergency Family and Medical Leave Act (EFMLA) leave beginning April 1, 2020.
Among other topics, the additional guidance further explains when an employee can receive emergency paid sick leave due to a federal, state or local quarantine or isolation order. Contrary to what was previously widely believed, a federal, state or local quarantine or isolation order includes shelter-in-place and stay-at-home orders for purposes of the Act. An employee may not receive EPSL if the employer does not have work for the employee to do as a result of the shelter-in-place or stay-at-home order. However, if the employer does have work for the employee to perform, but the employee cannot work (or telework) due to the shelter-in-place or stay-at-home order, then them employee would be eligible for EPSL.
All of the Department of Labor’s guidance on the Families First Coronavirus Response Act can be found at dol.gov.