The U.S. Department of Labor’s Wage and Hour Division (WHD) recently issued a Field Assistance Bulletin addressing paid sick or expanded family and medical leave eligibility under the Families First Coronavirus Response Act (FFCRA). Specifically, Field Assistance Bulletin 2020-4 provides guidance on when an employee qualifies to take paid leave under the FFCRA to care for his or her child based on the closure of a summer camp, summer enrichment program or other summer program for coronavirus-related reasons. Field Assistance Bulletins provide Wage and Hour Division (WHD) investigators and staff with guidance on enforcement positions and clarification of policies or changes in policy of WHD. These bulletins are developed under the general authority to administer the various laws enforced by WHD. They typically provide positions reflecting changes or clarifications in the administration of these laws and related regulations based upon court decisions, legislative changes and opinions of the WHD Administrator. DOL promises to continue to provide guidance as new situations and issues arise.
DOL also recently launched an interactive online tool to help workers determine if they qualify for paid sick leave or extended family and medical leave to cover time away from work for reasons related to the coronavirus. The tool guides workers through a series of questions to help them determine if the paid leave provisions of the FFCRA apply to their employer. If the provisions do apply, the tool helps them learn whether they qualify for either paid sick leave or extended family and medical leave under that law. An employer tool is announced, but still pending release.
For more information, contact Claiborne Guy at claiborne.guy@agc.org or 703-837-5382.