DOL Issues Additional Guidance on New Emergency Leave Laws
By: Stuart Katz
The U.S. Department of Labor issued some additional guidance today on the new Emergency Family Medical Leave and Paid Sick Leave laws, effective April 1, 2020 (not April 2nd, as previously suggested). Unfortunately, the guidance did not clarify the exemption for smaller employers other than to state that employers with fewer than 50 employees should document why providing the mandated child care-related paid sick leave and expanded family and medical leave "would jeopardize the viability of the business as a going concern," and that the criteria for this exemption will be addressed in more detail in forthcoming regulations. The DOL has provided some Q&A here: https://www.dol.gov/agencies/whd/pandemic/ffcra-questions
In addition to tracking these new Federal Laws, we are also monitoring the Connecticut Department of Labor, which has issued guidance regarding Unemployment Compensation, Furloughs, and Layoffs that may impact employer decision-making in the coming days and weeks.
With additional clarifications and information emerging on a nearly daily basis, it can be difficult to keep track of the many moving pieces that are in play. Please feel free to contact us with any questions.