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FFCRA: Families First Coronavirus Response Act (4/1/20)


The U.S. Department of Labor (DOL) issued temporary regulations for the Families First Coronavirus Response Act (FFCRA) on April 1, which confirmed that employees must give notice to their employers of the need to take leave and provide documentation to support paid sick leave and emergency family and medical leave. The IRS also provided guidance on needed documentation.

The requirement for documentation conflicts with the U.S. Centers for Disease Control and Prevention's (CDC's) recommendation that employers should not require a positive COVID-19 test result or a healthcare provider's note to validate employees' illness, qualify for sick leave, or to return to work. "Healthcare provider offices and medical facilities may be extremely busy and not able to provide such documentation in a timely manner," the CDC stated.

Read the rest of the article:
DOL Releases FFCRA Regulations
SHRM | Apr 2020

Temporary Rule: Paid Leave under the Families First Coronavirus Response Act

Effective date:      04/01/2020
Expiration date:   12/31/2020
Read a summary of H.R.6201 here.
Read the text of H.R.6201 here.
Notice requirement: Yes, see the "posters" heading here.

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DOL and IRS Resources

Families First Coronavirus Response Act: Questions and Answers
Families First Coronavirus Response Act: Employee Paid Leave Rights
Families First Coronavirus Response Act: Employer Expanded Family and Medical Leave Requirements
DOL Guidance

COVID-19 and the American Workplace
DOL Fact Sheets, Posters, More

COVID-19-Related Tax Credits for Required Paid Leave Provided by Small and Midsize Businesses FAQs
Coronavirus Tax Relief
Tax credits for small and midsize businesses to swiftly recover the cost of providing Coronavirus-related leave
IRS Tax Credit Information

SHRM Resources

DOL Issues Guidance on FFCRA’s Paid Parental Leave Requirements
SHRM | Mar 2020

Confused About the Coronavirus Paid-Leave Mandate? DOL Issued Some Guidance
SHRM | Mar 2020

Many Employers Must Offer Paid Leave Under Coronavirus Relief Law
SHRM | Mar 2020

How does the Families First Coronavirus Response Act (H.R. 6201) impact employers?
SHRM HRQA | Mar 2020

Policy FMLA Leave Expansion and Emergency Paid Sick Leave Policy (Coronavirus)
Form Request for Emergency Paid Sick Leave
Form FMLA Employee Request Form
SHRM Samples

Law Firm Articles

After Slight Reprieve, DOL Releases Additional Batch of FFCRA Q&As
DOL Issues Third Batch of Families First Coronavirus Response Act Q&As and Revises Prior Guidance
Second Set of DOL FAQs Provide More Clarity on Upcoming Federal Paid Sick and Family Leave Obligations
DOL Releases Q&A Guidance on Families First Coronavirus Response Act
Littler | Mar & Apr 2020

The CARES Act provides for a number of small changes and technical revisions to the FFCRA. One is noteworthy -- a provision was added regarding eligibility of rehired employees. An employee will be considered employed for at least 30 calendar days, and therefore eligible for leave under FFCRA, if the employee was: (1) laid off by the employer not earlier than March 1, 2020; (2) had worked for the employer for not less than 30 of the last 60 calendar days prior to the employee’s layoff; and (3) was rehired by the employer thereafter.
FFCRA Updates: U.S. Department Of Labor Issues Guidance And Congress Passes CARES Act With Amendments
Ballard Spahr | Mar 2020

Department of Labor Releases Guidance Regarding the "Families First Coronavirus Response Act
Kilpatrick | Mar 2020

Department of Labor Issues Guidance for Families First Coronavirus Response Act
Mintz | Mar 2020

Index of COVID-19/Coronavirus Express Requests

Reopening Your Workplace
Reopening Your Workplace: Overviews
Recalling/Rehiring Employees
When Employees Refuse to Return to Work
Addressing Fears About Returning to the Workplace
Masks/Face Coverings in the Workplace
Testing Employees for COVID-19
Taking Employee Temperatures

Employee Relations
Accommodating Workers at Higher Risk for Severe Illness
COVID-19 Myth Busters
Responding to Employee's COVID-19 Diagnosis
EEOC Updates Coronavirus-Related Guidance
Communicating with Employees
Death of an Employee
How to Support a Grieving Employee

Talent Acquisition
Preemployment Background Checks During COVID-19
Completing Form I-9 for Remote Workers
Documenting an Expired Driver's License on I-9 and E-Verify

Families First Coronavirus Response Act (FFCRA)
General (Overviews, DOL Resources, More)
Summer Child Care
Employers' Frequently Asked Questions
IRS FAQs on Tax Credits & Required Documentation
Decision Flow Charts
Valuing Health Plan Costs for Tax Credits
Health Care Provider/Emergency Responder (Employee) Exclusion

Coronavirus Aid, Relief and Economic Security (CARES) Act
Overviews of Implications for Employers
Employee Retention Tax Credit
Business & Nonprofit Relief
Direct Payments to Individuals (Stimulus Checks/Direct Deposit)
Employee Benefit Plan Provisions
Paycheck Protection Program (SBA loans) 
Paycheck Protection Program (Loan Forgiveness)
Unemployment Expansion & Extension
Potential Relief for Government Contractors
Valuing Health Plan Costs for Tax Credits

Essential Businesses and Workers
Essential Business Designation
Essential Workers: Identifying
Essential Workers: Hazard Pay and Incentives

Compensation and Benefits
COBRA Deadlines Temporarily Extended
Various Benefit Plan Deadline Extensions
Survey Reports: Pay Adjustments Amid COVID-19
Families First Coronavirus Response Act (Paid Leave; Enhanced FMLA; More)
Reducing Employer's Retirement Plan Contribution/Match
U.S. Wage and Hour Issues
Making Tax-Favored Disaster Relief Payments to Employees
Leave Donation Programs
IRS Relaxes HDHP Rules

Remote Workers
Allowing Telework
Engaging Remote Workers
Remote Work & State Tax Issues
Monitoring Remote Workers

Layoffs and Alternatives to Layoffs
Pay Reductions
Shared-Work/Work Share Programs
Layoff Alternatives
Worker Adjustment and Retraining Notification (WARN) Act
California EDD Work Sharing Program
Please also see under CARES Act (above):
Employee Retention Credit
Paycheck Protection Program

New OSHA Guidance on Recording COVID-19 Cases Effective May 26
Employer Resource Centers (U.S. and Global)
Preparedness Plan
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