April 3, 2020
The U.S. Department of Labor (DOL) released a temporary rulemaking April 1 implementing the Families First Coronavirus Response Act (FCCRA). The rule is effective through Dec. 31, the agency said.
Among other things, the regulations make clear that an employee may elect to use — or an employer may require that an employee use — leave such as vacation or personal leave concurrently with expanded family and medical leave. The rules also outline notice requirements and make clear that employers are required to retain all documentation of FFCRA emergency paid leave requests for four years, regardless of whether leave is granted or denied. Employers seeking an exemption from the law will need to sufficiently demonstrate, through documentation, the burden on their business and show that they are exempt, DOL said.
Additionally, to resolve inconsistencies between the FFCRA's paid sick time and expanded FMLA provisions, DOL said it would set the unpaid period for emergency FMLA leave at two weeks, rather than 10 days. "As a practical matter, the unpaid period for employees who work regular Monday-through-Friday schedules would still be ten days because that is the number of days they would work in two weeks," said the DOL.