FFCRA Goes Into Effect Today
The Families First Coronavirus Response Act (FFCRA) goes into effect today. Here are the basics, which have been simplified:
- It applies only to employers with less than 500 employees. For company groups with related companies, you can potentially aggregate your employees if you are an integrated enterprise,
- Small businesses with less than 50 employees are potentially exempt. If granting FFCRA leave would jeopardize the viability of your business, you may be exempt from providing leave.
- Otherwise, you must provide 2 weeks of paid sick leave to employees missing work due to COVID-19 reasons and you must provide up to 12 weeks of partially-paid FMLA leave if your employee must miss work because they must take care of their minor child because the child’s school or childcare is closed due to COVID-19. Stay at home orders by themselves do not qualify an employee for paid leave.
- Covered employees must post or disseminate via intranet or email this poster today: https://www.dol.gov/sites/dolgov/files/WHD/posters/FFCRA_Poster_WH1422_Non-Federal.pdf
- Furloughed employees are not entitled to paid leave.
- For any leave payments made to your employees, you are entitled to claim a rebate or even refund on your quarterly tax payments.
The above points are very simplified and are not intended to constitute legal advice. If you have any questions regarding these items, please contact your legal counsel for assistance.
Stay safe and keep the course. And of course please let us know if we can be of help.