With the April 1, 2020 effective date approaching, the Department of Labor (DOL) issued FURTHER UPDATED guidance on March 28^th on the Families First Coronavirus Response Act (FFCRA), the new emergency paid sick leave and expanded family and medical leave. As before, the DOL simply appended additional questions and answers (numbers 38-59) to its previously posted guidance, further suggesting employers and human resources professionals will need to continue monitoring the DOL website. This additional guidance helps address whether employees can take more than 12 weeks total for emergency medical leave and FMLA leave generally, who is a “health care provider” for exemption purposes, what constitutes an undue hardship for smaller employers, and how employees can enforce potential violations of the FFCRA. The DOL’s guidance (including these additional subjects) is available at:

www.dol.gov/agencies/whd/pandemic/ffcra-questions

The DOL has also posted Spanish language versions of its FFCRA posters. Although technically the FFCRA only requires that the English version be posted, these additional Spanish language versions may be helpful for those employers with employees whose primary language is Spanish. These posters are available at:

www.dol.gov/sites/dolgov/files/WHD/Pandemic/1422-spanish.pdf

www.dol.gov/sites/dolgov/files/WHD/Pandemic/1423-spanish.pdf

Do you have questions about how this update may affect you?  For further information contact:

Emily J. Fox (efox@wilsonturnerkosmo.com)

Lois M. Kosch (lkosch@wilsonturnerkosmo.com) 

Michael Kalt (mkalt@wilsonturnerkosmo.com)

Wilson Turner Kosmo’s Special Alerts are intended to update our valued clients on significant developments in the law as they occur. This should not be considered legal advice.