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.
(@kgbrown)

Employers and Employer Groups

Simultaneous EMFLA leave by both parents for child care

Please expand on under what conditions, if any, both parents employed by the same employer can take Expanded FMLA for caring for their child/children? For example, if the couple has two children can both parents take EFMLA simultaneously? Is there some number of children threshold when the second parent could then have simultaneous EFMLA? Question #69 in the DOL Q&As doesn't sufficiently cover this.

Voting

3 votes
3 up votes
0 down votes
(@christinevbw)

Employers and Employer Groups

FFCRA Regs and Documentation required re: Child Care Provider

The DOL's FAQ # 16 reads that the 3rd statement the employee must provide is, "3. A statement from the employee that no other suitable person is available to care for the child." But the regulations and IRS guidane both read, "...that no other suitable person will be caring for the Son or Daughter." If an alternate child care provider is available but the employee chooses to not use that alternate provider, is the employee... more »

Voting

5 votes
5 up votes
0 down votes
(@kgbrown)

Employers and Employer Groups

Children ages 15 to 17 - Need DOL & IRS to clarify and be consistent

The FFCRA covers parents caring for their child/children under age 18 if school/place of care is closed. And over 18 if the child has a mental or physical disability and is incapable of self-care because of that disability. But the IRS guidance (Question #44 on the IRS site) for tax credits states that "with respect to the employee's inability to work or telework because of a need to provide care for a child older than... more »

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6 votes
6 up votes
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(@ksaracene)

Employers and Employer Groups

Caring for an individual, defined

The regs define "caring for an individual" in terms of relationship to the individual, but not in terms of what level of care is required. It would be helpful if subsequent guidance clarified what level of care is necessary, perhaps defining it in the same manner as the FMLA regs at ยง825.124 (" Needed to care for a family member or covered servicemember"), which provide in relevant part:

(a) The medical certification... more »

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3 votes
3 up votes
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(@glewis)

Employers and Employer Groups

EPSL for Employee Exposure

We are a provider of residential services where staff come in contact with a vulnerable population. If one of our staff have been exposed to someone with COVID-19 and we do not want them to report to work for 2 weeks, would this qualify for the EPSL? This is critical for the safety of our residents and other staff members.



We would like to take advantage of the FFCRA tax credits for paying the EPSL if possible and... more »

Voting

2 votes
2 up votes
0 down votes
(@slalaw)

Employers and Employer Groups

"Average regular rate"

The paid leave calculation based on an employee's "average regular rate" over a six month period prior to the date when the employee takes leave, can defeat situations where an employer has implemented pay reductions to avert layoffs. Employees taking leave for Reasons 1-3 become entitled to higher pay than if they were working, putting additional pressure on the small business. Was this really intended?

Voting

1 vote
1 up votes
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(@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 »

Voting

1 vote
1 up votes
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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 »

Voting

3 votes
3 up votes
0 down votes
(@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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0 votes
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(@kklein)

Employers and Employer Groups

CBAs

Is EPSL in addition to what employees are entitled to under a CBA? I know with private employers, the EPSL does not replace or have to be used concurrently with accrued paid time off. How does this work with a unionized workforce?

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0 votes
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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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1 vote
1 up votes
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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 »

Voting

7 votes
7 up votes
0 down votes
(@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 »

Voting

1 vote
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(@cking)

Employers and Employer Groups

Emergency Paid Sick Leave - Qualifying Reason #2

I am concerned with the Department's recently-issued temporary regulations 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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5 votes
5 up votes
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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.

Voting

2 votes
2 up votes
0 down votes