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Clarification of FFCRA Application to Employee Without Work and Impact of Stay-at-Home Orders

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... more »

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(@mattn) kudos icon +

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Clarification of who must pay temporary employees' paid sick or family leave wages under FFCRA

In FAQ #38, the DOL indicates that employees who are eligible for paid sick leave and expanded family and medical leave include "'joint employees' working on your site temporarily and/or through a temp agency."

However, the regulations (i.e., the DOL's temporary final rule) only mentions joint employees in the context of determining employer coverage under the FFCRA. There are no specific requirements about paying "joint... more »

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(@brenda.rogers) kudos icon +

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Emergency Sick Pay Pnding Testing and Pay After a Negative Test

Can you clarify the qualification for emergency sick pay after receiving a negative test. Some health departments have said that regardless of the negative test, anyone that is tested should follow the 14 day quarantine rule. If that is true, the individual should qualify for COVID-19 sick pay. Even though some of the letters the health departments are issuing are vague as to the instructions for quarantine. Letters from... more »

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(@kathleendandridge) kudos icon +

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Paid Medical Leave or Unemployment to those who use FMLA for Mental Health issues caused by COVID-19

As an employee with long diagnosed mental health issues, I have always taken every step I could to ensure I remain a full-time and effective employee. I have always gone to therapy and doctors for my mental health, and I take medications. My anxiety/mental health has taken a real down turn due to fears of COVID-19, my partner's job loss due to COVID-19, and my employer not being mentally prepared for work-from-home. It... more »

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Response of the National Association of Professional Insurance Agents

Insurance agency owners report that their employees are working from home due to daycare/school closures. These employees are caring for their children while they work from home. Does a provision of the FFCRA address this? Should any attendant regulations use language like "if an employee is able to work at home" and "if an employee is unable to work from home"? While the language refers to caring for a child whose school... more »

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(@yissel.barajas) kudos icon +

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CHRO

We need agricultural compliance assistance material. More information is needed on how the new FFCRA can best be implemented in the agriculture industry. We have seasonality, variable work hours, piece-rate pay structures. We need more information in Spanish to provide to employees.

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(@pcarrasco) kudos icon +

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FFCRA should Extend to temp workers hired by otherwise exempt staffing agencies

United States Department of Labor

Office of Compliance Initiatives

To whom it may concern,

We at the Centro Comunitario de Trabajadores (CCT), a not for profit organization based out of New Bedford, Massachusetts (MA) that seeks to improve working conditions through organizing and community building, and Justice at Work, a Boston based not for profit organization that provides technical and legal support to worker... more »

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Agricultural workers and food processing workers in the South

The Southern Poverty Law Center, based in Alabama with offices in Florida, Georgia, Louisiana, Mississippi and Washington, D.C., is a nonprofit civil rights organization dedicated to fighting hate and bigotry, and to seeking justice for the most vulnerable members of society, including low-wage workers in the agriculture and poultry industries. Based on our experience and expertise we submit the following ideas for implementation... more »

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Paid leave rules broaden FFCRA's statutory exemptions and place new burdens on workers who need leave

April 10, 2020

 

The Honorable Eugene Scalia

Secretary of Labor

U.S. Department of Labor

200 Constitution Ave NW

Washington DC 20210

Dear Secretary Scalia:

The United Food and Commercial Workers International Union (UFCW) submits these comments on the Department of Labor (DOL) Temporary Rules for the Emergency Family Medical Leave Act and the Emergency Paid Sick Leave Act (85 FR 19326; RIN 1235-AA35), enacted... more »

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thank you

I don't know how else to communicate this to the DOL, moderators, and everyone else working on this FFCRA project.

Thank you for organizing this massive dialogue and responding to all of our suggestions and comments. It has been a most insightful experience as an employer, attorney, and citizen/employee. In these unprecedented times, it is truly remarkable (and inspiring) to see this level of collaboration and communication... more »

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Paid Sick Leave for Caregivers of Developmentally Disabled and Older Persons

My name is Marsha Shappell and I am a mom/Guardian Advocate of a 46-yr-old developmentally disabled daughter who resides in a group home. I am writing to ask that family caregivers, as well as Direct Care Professionals who provide care for adults with disabilities, due to COVID-19 are eligible for emergency paid sick leave under the Families First Act. Just as children may no longer be able to attend school, many people... more »

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In loco parentis definition

Under FFCRA, health care providers and emergency responders may be exempted from leave so are still actively working in situations where they could be exposed to COVID-19. As a result, many of these workers have sent their children to live with other family members temporarily to protect them from exposure. These family members are not assuming the role of a parent as is required for in loco parentis. This is a temporary... more »

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FFCRA questions - need clarification

There's a need for clarification in a couple of areas:

1. Clarification is needed regarding the issue of substitution for EFMLEA. The preamble of the regulations are clear that existing FMLA rules apply; that employers can require substitution during the first two weeks since it's unpaid, but it has to be employee/employer agreement for the remainder of leave since it's paid. And that makes sense. But the regulations... more »

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Infographics for determining eligibility for emergency leave by reason

It would be very useful to have a series of question-decision flowcharts that guide employer and employee through determining eligibility for the emergency leave by reason: i.e., six flowcharts for emergency FMLA, one flowchart for paid sick leave. We will be developing such documentation if we need to, but it would help a lot to have the DOL set the standard. Thank you.

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Healthcare provider definition

I am increasingly apprehensive and concerned over the implications of the new Sick and FMLA Benefit – we simply must have our residential direct support professional staff exempt from this new benefit. The health and well-being of the individuals we serve and support is dependent on this exemption. We provide support to those who have intellectual, physical and mental disabilities, and most require assistance with daily... more »

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