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DOL Rolls Out Regulations Implementing FFCRA Obligations

Earlier this afternoon, the DOL issued temporary regulations, effective immediately, implementing and interpreting the paid sick leave and emergency family leave provisions of the FFCRA. Although the rules largely mimic the information provided in the FAQs, they now have the force and effect of law. Some additional clarifications:

  • Paid sick leave and/or EFMLA is not available if the employer does not have work available for the employee, whether as a result of a quarantine order or other circumstances.
  • EFMLA and paid sick leave (if teleworking or caring for a child whose school has been closed) may be taken intermittently, but only upon the agreement of the employer and employee.
  • The rule explains the steps a small business must take to qualify for the small business exception (i.e., < 50 employees).
  • An employee has no right to the payment of unused emergency paid sick leave upon termination or separation from employment, or upon the expiration of the FFCRA, nor may an employee take more than a total of 80 hours of paid sick leave, even if he/she works for more than one employer.

To see the regulations in their entirety (they start at p. 83) click here

Questions? Contact attorney Alan Seneczo in our Oconomowoc office at (262)560-9696 or by email at alseneczko@wesselssherman.com

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