Updated Information on the Families First Coronavirus Response Act; First Look at Guidelines Under Development.

As you know, the Families First Coronavirus Response Act (FFCRA) requires employers with fewer than 500 employees to provide employees with expanded family and medical leave for specified reasons related to COVID-19. The US Department of Labor’s Wage and Hour Division (WHD) administers and enforces the new law’s paid leave requirements. These provisions will apply from the effective date (expected to be April 1) through December 31, 2020.

There has been a lot of information related to the Act circulating, not all of it consistent, and there are many questions and concerns about implementation and compliance for employers, including the mechanism and rate of reimbursement for federal mandated benefit expense, and the utilization of the exemption provision for employers with fewer than 50 employees.

AIV will provide more updates about the details of the Act and its implementation, but WHD has posted new overviews of employee rights and employer requirements under the Act, as well as a new Q&A document:

  • Click here for an overview of the Employee Expanded Family and Medical Leave Rights.
  • Click here for an overview of the Employer Expanded Family and Medical Leave Requirements
  • Click here for Families First Coronavirus Response Act: Questions and Answers

In addition, the Treasury Department, IRS, and Department of Labor have posted a preview of how they expect employers to be reimbursed (click here).  This preview purports to recommend ways to mitigate employer concerns about a lag between paying benefits and receiving federal reimbursement.  However, it is not finalized, just as guidelines for the exemptions for employers with fewer than 50 employees are still under development, and employers are encouraged to review this document and the documents above and send us any questions, concerns, or recommendations you would like addressed or forwarded to WDH and the other federal agencies preparing for implementation of the Act.  You can contact us at info@aivt.org.