Questions 23-28 of the DOL FFCRA Q&A's (https://www.dol.gov/agencies/whd/pandemic/ffcra-questions) note that the FFCRA paid leaves do not apply to an employee who an employer does not have work to perform. If an employer deems an employee non-essential pursuant to an applicable federal, state, or local stay-at-home order and therefore cannot have them work on-site pursuant to the order and cannot provide telework, would that constitute not having work for the employee to perform as the employer cannot provide such work pursuant to the stay-at-home order? Any further clarification of an employer "does not have work" for an employee to perform as compared to an employee is "unable to work or telework" because of an applicable federal, state, or local stay-at-home order would be helpful. We also want to know whether the DOL believes this applies to each ground for emergency paid sick leave.
Idea No. 2518