It would be extremely helpful to employers and employees to have clarification and guidance as to whether and/or how the Act (both the family leave and the paid sick leave provisions) applies to an employee who was laid off prior to the effective date of the Act and whether it depends upon the reason for the Layoff (e.g. whether the employee was originally sent home due to exhibiting symptoms but then the business closed/downsized after that but before the Act took effect, or the employee chose to stay home to stay with children whose school/daycare had closed before the business closed/downsized and before the Act took effect, or the employee was laid off due to business closure but them became ill after the Act took effect). If an employee has already applied for (and is approved for) Unemployment Compensation before the Act takes effect, can that employee later claim payments from the employer for qualifying leave reasons under the Act. If so, how is that going to be coordinated with UC?
It would also be helpful to clarify whether or not the Act will be applied retroactively - to either the date that government officials (i.e. the Governor) mandated a business/school to shut down or the date that the Act was signed by the President, such that employees who were out of work due to exhibition of symptoms of the virus or to care for children under 18 whose schools were closed (or any other qualifying reason) before the Act actually takes effect will be due payments and protection under the act for the time period before the effective date of the Act.
The actual effective date of the Act needs to be determined also, since the Act says it is to take effect "not later than 15 days after the date of enactment." Everyone is assuming that means that the Act takes effect on the 15th day, but it could actually take effect sooner.
There also needs to be guidance (and, perhaps, certification forms of some sort) with regard to what is needed to prove that payments made to an employee were for a qualifying reason in order for an employer to qualify for the tax credits under the Act.
The entire process of how to apply for the tax credits needs to be delineated also.