FFCRA Regulations Overview

On April Fools’ Day, the Department of Labor (DOL) issued the much anticipated regulations that accompany the Families First Coronavirus Response Act (FFCRA). The regulations span 124 pages and touch on many of the hot topics and burning questions in the business community that were generated by the text of the FFCRA, and the DOL’s several Question and Answer sessions that have been posted over the past week.

Below are links to summaries of the most important aspects of the regulations with a brief description of what is included in each section. You can also view our most recent FFCRA webinar with OKHR which also covers the regulations. The Labor & Employment Practice Group of Crowe & Dunlevy continues to stay on top of all of the employment law implications of COVID-19, and we are proud to be a resource to human resources professionals and business leaders across the state during these difficult times.

Please find an overview of regulatory guidance regarding:

• Six Qualifying Events for Emergency Paid Sick Leave
• FFCRA Employee Eligibility, Including the “Healthcare Provider” Exemption
• Which Employers the FFCRA Applies to, and How Small Businesses Obtain an Exemption
• FFCRA Employer Notice Requirements
• FFCRA Employee Notice of Need for Leave Requirements
• Continued Healthcare Coverage and the Intersection with Other Laws
• FFCRA Return to Work Issues, Employee Record-Keeping Obligations and Prohibited Acts
• Calculating the paid benefits owed under the FFCRA
• Intermittent ESL and EFMLA Leave and the Interplay Between EFMLA/ESL and the FMLA