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DOL WHD Releases Updated Guidance About Families First Coronavirus Response Act (See FAQ 15-37)

Written by Todd A. Leeson and Kelsey M. Martin, Gentry Locke Attorneys
March 27, 2020

Last night, the Department of Labor Wage and Hour Division (WHD) released its second round of FAQs [#15–37] addressing the Families First Coronavirus Response Act. The FAQs can be found here.

A few important takeaways:

  • Employers are advised to require employees to submit documentation to verify their need for emergency paid sick leave or extended FMLA leave [FAQ #16].
  • Leave can only be used intermittently for child care reasons and when the employer consents to such intermittent leave [FAQs #20–22].
  • Employees who are furloughed or temporary laid off are not eligible for leave under the FFCRA [FAQs #23–28].
  • Employers must continue the employee’s health coverage when the employee takes leave under the FFCRA [FAQ #30].

Please let us know if you have questions or if we can assist you with compliance. Please also consult gentrylocke.com/coronavirus for additional information on the various laws and legal issues related to the COVID-19 pandemic.

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