By: Perry MacLennan
The U.S. Department of Labor (DOL) has issued its first set of guidance on the Families First Coronavirus Response Act (Act).
According to a DOL press release, the department plans to issue guidance on a rolling basis. The guidance can be found here and includes a Fact Sheet for Employees, a Fact Sheet for Employers and a FAQ Sheet.
The biggest revelations from the guidance are as follows:
If I am home with my child because his or her school or place of care is closed, or child care provider is unavailable, do I get paid sick leave, expanded family and medical leave, or both – how do they interact?
You may be eligible for both types of leave, but only for a total of twelve weeks of paid leave. You may take both paid sick leave and expanded family and medical leave to care for your child whose school or place of care is closed, or child care provider is unavailable, due to COVID-19 related reasons. The Emergency Paid Sick Leave Act provides for an initial two weeks of paid leave. This period thus covers the first ten workdays of expanded family and medical leave, which are otherwise unpaid under the Emergency and Family Medical Leave Expansion Act unless you elect to use existing vacation, personal, or medical or sick leave under your employer’s policy. After the first ten workdays have elapsed, you will receive 2/3 of your regular rate of pay for the hours you would have been scheduled to work in the subsequent ten weeks under the Emergency and Family Medical Leave Expansion Act.
We will continue to monitor the latest guidance and provide relevant updates. If you have questions, please contact a member of the HSB Employment Law practice team.
Looking for additional resources on COVID-19? Visit our resource page here.