DOL Updates FFCRA Questions & Answers

May 12, 2020

On May 7, 2020, the DOL updated questions and answers regarding the novel coronavirus (COVID-19) paid leave under the Families First Coronavirus Response Act (FFCRA). Specifically, the agency added five new questions and answers (#89-93).

As background, the FFCRA includes provisions mandating that employers with fewer than 500 employees provide paid leave to employees who are unable to work or telework due to certain COVID-19-related reasons. The DOL guidance serves to address commonly asked questions with respect to the paid sick leave and expanded family and medical leave requirements.

The newest additions address topics including domestic and temporary work arrangements, leave for childcare reasons and documentation requirements. Question 89 describes the facts and circumstances analysis for determining whether a domestic service worker is an employee (and thus entitled to paid leave) or a contractor. Question 90 explains that a business may be responsible for providing paid leave to a temporary worker hired through a staffing agency, if the business is deemed to be a joint employer of that worker.

Questions 91 through 93 focus upon qualifying reasons for paid leave and the related supporting information. Questions 91 and 92 address, respectively, the employer’s ability to request leave documentation for an employee’s claimed childcare needs or experience of COVID-19 symptoms. Finally, Question 93 explains which circumstances would permit childcare leave to be taken after the school season has ended.

Employers may find this additional guidance helpful in administering the FFCRA leave requirements.

FFCRA Questions and Answers »