FYI! Read ASAP!
The U.S. Department of Labor has added to its long list of Frequently Asked Questions related to the Families First Coronavirus Response Act. The new material (FAQs 94-97) is not earth-shattering, and I suspect that most employers covered by the law could have guessed the correct answers before reading what the DOL has to say. See how you do on these. As usual, I'm using the DOL's numbering, and this blog post paraphrases the DOL guidance. You can read the real thing here.
94. Joe had to take two weeks of FFCRA leave to care for his elderly dad, who was having symptoms of COVID-19. Joe is ready to return to work, but you are worried about having him come into the workplace and possibly expose your other employees to COVID-19. Do you have any recourse?
You might. You can't "punish" Joe for taking FFCRA leave, but for the safety of your other employees, you can require him to either telework or work in a more physically isolated area until he tests negative for COVID-19. Of course, if and when he tests negative, you'd need to restore him to his regular position.
95. Mary took 80 hours of sick leave under the Emergency Paid Sick Leave Act in late April. Then her employer put all the employees, including Mary, on furlough. Mary has returned to work and wonders whether she is entitled to a new 80-hour allotment of Emergency Paid Sick Leave. Is she?
Of course not. The pre-furlough leave counts (assuming it was taken after April 1, when the FFCRA took effect). If the leave was not for a "school" situation, Mary has exhausted her paid leave allotment under the FFCRA. On the other hand, if she had taken less than 80 hours before the furlough, she would have been entitled to the remainder -- for a qualifying reason -- upon her return to work.
96. Mary's brother Harry took four weeks of paid leave starting April 2, while his kids' school was closed. He and his co-workers were furloughed in May. Harry is back now, but his kids are home because their summer camp is closed. Can Harry take FFCRA leave now, and if so, how much?
Yes! Eight more weeks! (The total leave allotment for a "school" situation is 12 weeks.)
97. Doris is calling her furloughed employees back to work at her retail store, Ye Olde Shoppe With Fewere Than 500 Employees. Ethel has three school-age children and, in all likelihood, will need to take FFCRA leave when she returns because all of the summer day camps are closed due to COVID-19. Can Doris just leave Ethel on unpaid furlough while she brings the other employees back to work? It's not like Ethel would be working anyway.
Nice try, but no. Doris would have to bring Ethel back and let her take FFCRA leave. Anything else would be considered discrimination or retaliation.
Did you get these all right? I bet you did!
- Partner
Robin has more than 30 years' experience counseling employers and representing them before government agencies and in employment litigation involving Title VII and the Age Discrimination in Employment Act, the Americans with ...
Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act).
Continue Reading
Subscribe
Contributors
- William A. "Zan" Blue, Jr.
- Obasi Bryant
- Kenneth P. Carlson, Jr.
- James M. Coleman
- Cara Yates Crotty
- Lara C. de Leon
- Christopher R. Deubert
- Joyce M. Dos Santos
- Colin Finnegan
- Steven B. Katz
- Ellen C. Kearns
- F. Damon Kitchen
- David C. Kurtz
- Angelique Groza Lyons
- John E. MacDonald
- Kelly McGrath
- Alyssa K. Peters
- Sarah M. Phaff
- David P. Phippen
- William K. Principe
- Sabrina M. Punia-Ly
- Angela L. Rapko
- Rachael Rustmann
- Paul Ryan
- Piyumi M. Samaratunga
- Robin E. Shea
- Kristine Marie Sims
- David L. Smith
- Jill S. Stricklin
- Jack R. Wallace
Archives
- December 2024
- November 2024
- October 2024
- September 2024
- August 2024
- July 2024
- June 2024
- May 2024
- April 2024
- March 2024
- February 2024
- January 2024
- December 2023
- November 2023
- October 2023
- September 2023
- August 2023
- July 2023
- June 2023
- May 2023
- April 2023
- March 2023
- February 2023
- January 2023
- December 2022
- November 2022
- October 2022
- September 2022
- August 2022
- July 2022
- June 2022
- May 2022
- April 2022
- March 2022
- February 2022
- January 2022
- December 2021
- November 2021
- October 2021
- September 2021
- August 2021
- July 2021
- June 2021
- May 2021
- April 2021
- March 2021
- February 2021
- January 2021
- December 2020
- November 2020
- October 2020
- September 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- March 2020
- February 2020
- January 2020
- December 2019
- November 2019
- October 2019
- September 2019
- August 2019
- July 2019
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
- January 2019
- December 2018
- November 2018
- October 2018
- September 2018
- August 2018
- July 2018
- June 2018
- May 2018
- April 2018
- March 2018
- February 2018
- January 2018
- December 2017
- November 2017
- October 2017
- September 2017
- August 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- October 2016
- September 2016
- August 2016
- July 2016
- June 2016
- May 2016
- April 2016
- March 2016
- February 2016
- January 2016
- December 2015
- November 2015
- October 2015
- September 2015
- August 2015
- July 2015
- June 2015
- May 2015
- April 2015
- March 2015
- February 2015
- January 2015
- December 2014
- November 2014
- October 2014
- September 2014
- August 2014
- July 2014
- June 2014
- May 2014
- April 2014
- March 2014
- February 2014
- January 2014
- December 2013
- November 2013
- October 2013
- September 2013
- August 2013
- July 2013
- June 2013
- May 2013
- April 2013
- March 2013
- February 2013
- January 2013
- December 2012
- November 2012
- October 2012
- September 2012
- August 2012
- July 2012
- June 2012
- May 2012
- April 2012
- March 2012
- February 2012
- January 2012
- December 2011
- November 2011
- October 2011
- September 2011
- August 2011
- July 2011
- June 2011
- May 2011
- April 2011
- March 2011
- February 2011
- January 2011
- December 2010
- November 2010
- October 2010