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Covid-19 Update - March 30, 2020



Over the weekend, the Department of Labor added 20 more Q and A's to its second set of Guidance. As you may recall, we sent you the first set last Wednesday, and the second set on Friday. The link below provides you the full three part set of questions/guidance to date (but, if you've read our previous alerts, the new questions start at number 38.) These new answers establish, among other things:

Unlike EPLSA which is provided to eligible employees in addition to whatever sick leave to which they were previously entitled by Company policy or practice or Agreement, the EFMLA entitlement is not in addition to the employee's prior FMLA entitlement. In other words, an employee is entitled to 12 weeks total of FMLA and EFMLA combined in the employer's FMLA year. For example, if employee x took 4 weeks of FMLA in January, he or she would only be entitled to 8 more weeks of EFMLA or FMLA; An expanded definition of "Health Care Providers" (apparently almost everyone working in the field of medicine) who need not be provided EPSL or EFMLA; and On what factual bases an employer under 50 employees can determine they are exempt from providing EPSL or EFMLA benefits. https://www.dol.gov/agencies/whd/pandemic/ffcra-questions It is likely the DOL will continue to send out such guidance, although probably not at this frenetic pace. We will continue to provide you the important substantive information as it is published. In the meantime, we hope everybody is staying safe and healthy. Please remember to display the USDOL posting. The notice is available here: https://www.dol.gov/agencies/whd/pandemic/


Stay safe!


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