Employers and Employer Groups

Employers and Employer Groups

How can USDOL help you understand and meet your obligations to provide expanded family and medical leave under the FFCRA? What compliance assistance guidance, resources, or tools would help you most? How can we reach as many employers as possible? Share ideas that may assist employers in understanding and meeting their responsibilities under the FFCRA.
(@mattn)

Employers and Employer Groups

Clarify employer notice requirements (Eligibility, Rights & Responsibilities) for expanded family leave (EFMLA) under FFCRA

Many thanks to the DOL for continuing to provide guidance on the FFCRA.

In upcoming guidance, it would be helpful if the DOL would clarify whether employers are required to provide employees with a designation notice and a notice of rights and responsibilities under FMLA when granting EFMLA leave taken under the FFCRA (that is, leave under the Expanded Family and Medical Leave Act, which requires employers to grant... more »

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(@mattn)

Employers and Employer Groups

Possible internal reference error and omission in DOL's temporary final rule re: documentation

As stated in my previous comment, I provide legal counsel to companies who are all members of a large employer organization, whose membership includes many manufactures across the Pacific Northwest. My comments/questions are presented in light of providing legal counsel to employers on issues around the FFCRA.

As I also stated before, and it doesn't go without saying, the DOL is commendable for turning around guidance... more »

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(@lsvoth)

Employers and Employer Groups

Is there a scrivener's error in the section 826.100?

Section 826.100(d) gives a description of documentation an employer can require and refers to section 826.20(a)(1)(iii), which is paid sick leave for an employee experience symptoms of COVID-19 and seeking medical diagnosis from a health care provider. However, the description of documentation in section 826.100(d) describes the leave in 826.(a)(1)(iv), which addresses leave to care for an individual subject to a Federal,... more »

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(@jjensen)

Employers and Employer Groups

Loss of Tax Credit for Overly Generous Employers

What happens to Employers of less than 500 workers who enhanced their policies to provide virtually unlimited and open-ended paid leave for COVID-19-related absences before 4/1/2020, and who did not revise or rescind those policies before 4/1/2020? It appears they cannot reduce or retract those policies now, even though they provide more paid time off than what is available under the EPSLA or EFMLEA. As such, these generous... more »

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(@rlargent)

Employers and Employer Groups

Clarification Needed on Several Issues in Regs

Clarification Needed on Following:

**1.** **Provision of Paid Leave Between March 18-31, 2020**: Regs appear to disallow employers to count paid leave provided between March 18, 2020 (date FFCRA was signed into law) and March 31, 2020. This is unjust. On March 20, the DOL and Treasury issued a joint press release stating that employers "may begin taking advantage" of the tax credits provided under the FFCRA immediately:... more »

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(@robin.samuel)

Employers and Employer Groups

Integrated employers who are not joint employers - need clarification.

Please clarify how the 500 employee aggregation rules should apply when two companies are not joint employers but are integrated employers. Acme US Parent and Acme US Subsidiary are separate corporations. Acme US Parent owns Acme US Sub. Together, the two Acme US companies have more than 500 U.S. employees. Separately, they have less than 500 U.S. employees each. The two Acme companies are not joint employers under the... more »

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(@cking)

Employers and Employer Groups

Emergency Paid Sick Leave Act - Qualifying Reason #2

I am concerned with the Department's recently-issued temporary regulation interpreting Qualifying Reason #2 under the EPSLA. Qualifying Reason #2 of the ESPLA applies to employees who have been "advised by a health care provider to self-quarantine related to COVID-19." The Department's most recently-issued temporary regulations provide that this qualifying reason includes those employees who (1) have COVID-19; (2) may... more »

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(@dianebarnett34)

Employers and Employer Groups

Working in the Crisis

I am the sole provider for my family and I am a Registered Nurse and my sons have both been laid off due to the covid-19. I wanted to take a travel assignment to go off and work and take a leave of absence to do it and I am being told by my employer of 23 years that I will not have a job when I return. I am an ED director in rural Oklahoma but have been offered a contract in New York to help with the crisis.

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(@bergpersonnelsolutions)

Employers and Employer Groups

Child Care Leave and EPSL

In the temporary Rule at (826.20)(b), it's clear that employees are not eligible for Expanded FMLA leave if another suitable option exists (e.g., spouse at home.) However, there is no similar language in the EPSLA language section.

Looking at the FCCRA, the language is not identical. The EFMLEA refers to an employee being unable to work; the EPSLA does not. However, the Discussion section of the Temporary Rule makes... more »

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(@megster1466)

Employers and Employer Groups

SRVP Human Resources

Not sure this is an idea.. but the guidance for the tax credits is difficult based on what we are currently seeing in Iowa. Very limited testing, employees to follow the protocol and call the health provider before going are told to stay home and call back if they get sicker.

We have had people told to assume they have it and stay home.. other providers that say well, you might have it, you might not... and others that... more »

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(@corey.clay85)

Employers and Employer Groups

"Day Laborers" under the FFCRA

The Department's Temporary Rule is causing considerable confusion for employers. In the Temporary Rule, employers are instructed to count "day laborers supplied by a temporary placement agency (regardless of whether the Employer is the temporary placement agency or the client firm)," which seems to mean that a client firm is to count individuals who are not their employee towards the 500 employee threshold. However, these... more »

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(@bergpersonnelsolutions)

Employers and Employer Groups

Substitution of Employer provided Paid leave

Section 826.23 (b) seems to say it's OK for an employer to require an employee to substitute EFMLA leave with employer-provided paid leave, *as long as* the type of leave used matches current policy, and the employee gets full (rather than 2/3) pay for this time. The FAQ also says this. However, 826.70(f) seems to contradict this: "After the fist two weeks… because this period … is not unpaid, the provision for substitution... more »

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