Department of Labor Latest Guidance on Emergency Paid Sick Leave and Expanded FMLA

The Department of Labor (DOL) continues to provide guidance with regards to the Families First Coronavirus Response Act (FFCRA). The latest updated document release appears to suggest that shutting down of a business, Shelter in Place, or Stay at Home orders will not qualify employees for Emergency Paid Sick Leave or Expanded FMLA. Additionally, the DOL addresses how they view “furloughs” and layoffs for Emergency Paid Sick or Expanded FMLA. As of late Friday, the DOL addressed records employers must maintain for employees who take Emergency Paid Sick Leave or Expanded FMLA. Finally, the DOL provides confirmation and guidance regarding intermittent Leave under the Families First Coronavirus Response Act.  Fisher Phillips provides clarification on the latest guidance from the Department of Labor.

Labor Department Throws COVID-19 Curveball In Latest Guidance, Suggests Shut Down Employees Won’t Qualify For Leave