Title: Guidance for Employers Covered By FFCRA Paid Leave | GTM Business
Headings: What is the DOL Guidance for Employers Covered By FFCRA Paid Leave?
What is the DOL Guidance for Employers Covered By FFCRA Paid Leave?
Calculating the 500-Employee Threshold
Independent Contractors
Joint and Integrated Employers
Public Employers
Paid Sick Leave
Family and Medical Leave
Exemptions
Health Care Providers
Emergency Responders
Small Businesses (Fewer than 50 Employees)
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Content: If two entities are found to be joint employers, all of their common employees must be counted in determining whether paid sick leave must be provided under the Emergency Paid Sick Leave Act, and expanded family and medical leave must be provided under the Emergency Family and Medical Leave Expansion Act. According to the DOL FAQs, in general, two or more entities are separate employers unless they meet the integrated employer test under the Family and Medical Leave Act of 1993 (FMLA). If two entities are an integrated employer under the FMLA, then employees of all entities making up the integrated employer will be counted in determining employer coverage for purposes of paid sick leave under the Emergency Paid Sick Leave Act and expanded family and medical leave under the Emergency Family and Medical Leave Expansion Act. Public Employers
Paid Sick Leave
In general, according to the DOL, public agencies and other units of government are covered by the emergency paid sick leave requirements of FFCRA, including the U.S. government and the government of a state, the District of Columbia, a U.S. territory or possession, a city, a municipality, a township, a county, a parish or a similar entity. However, the DOL notes that the U.S. Office of Management and Budget (OMB) has the authority to exclude some categories of U.S. government executive branch employees from taking certain kinds of paid sick leave. Family and Medical Leave
According to the DOL FAQs, in general, non-federal public agencies are covered by the expanded FMLA leave requirements. For example, state governments, the District of Columbia, U.S. territories and possessions, cities, municipalities, townships, counties, parishes or similar entities would be covered. However, most federal government agencies are not covered by the FMLA expansion, for the reason that most federal employees are covered by Title I of the FMLA, while the FFCRA amended only Title II of the FMLA. In addition, as with paid sick leave, the OMB has the authority to exclude some categories of U.S. government executive branch employees from expanded and family medical leave. The DOL FAQs indicate that additional FAQs about public sector employers will be forthcoming.