New Guidance from the DOL on Administering FFCRA Leaves

We strongly suggest that employers read through the entire Question and Answers document prior to April 1st, so they have an understanding of how the leaves work. The following are some highlights from the updated guidance:

  • These leaves are not available to employees with reduced hours, furloughed employees, or employees’ whose workplaces are closed. See questions 23-28.
  • These leaves are not available to employees whose workplaces are closed due to a federal, state, or local shelter-in-place or stay-at-home orders, or due to business slowdowns. See questions 23 and 27.
  • These leaves (and payroll tax credit) are not retroactive. Employees are not entitled to pay under these leaves if they were absent or out of work (for any reason) prior to April 1. See question 13.
  • Employers should keep documentation to show that employees who received leave were actually in need of leave. The documentation requirements will be outlined in soon-to-be-released IRS guidance. See Questions 15 and 16.