On Monday, April 6, the DOL released new regulations with detailed guidelines for Paid Sick Time and Paid Family Leave under the FFCRA. The guidance provides important details for employers on how sick time and leaves are to be administered. The following is a summary of the materials added to our COVID-19 Employer Playbook:
IRS Form 7200 released for claiming advance tax credit when leave payments are greater than current tax payments.
Clarification that if an employer has no work available, then neither paid sick time nor paid family leave are available to employees.
Clarification that if an employee can work from home, then no COVID-19 leave is available based solely on a Shelter in Place order.
Specific details are provided relative to when COVID-19 leaves are available: self-quarantine, physician ordered quarantine, symptoms vs. no symptoms, waiting for test results, etc.
Clarification that leave to care for a child requires that another suitable individual, such as a co-parent co-guardian, or the usual childcare provider is not available to provide childcare.
Guidance that sick time calculation for part time employees with variable schedules is now determined based on 6-month period (not two weeks)
Clarification is provided that an employee may take a combined 12-weeks maximum FMLA under regular FMLA and COVID-19 paid family leave.
Employer requirements for an employee’s “reasonable notice” is defined.
Required documentation of sick time and leaves is outlined.
Clarification that FFCRA leaves are job protected, but not “layoff protected.”
Clarification that employers must retain COVID-19 leave documentations for four (4) years.
In addition, we have added a short section outlining the new DHC guidance that temporarily relaxes I-9 documentation requirements for employers with remote work arrangements due to Shelter in Place orders.
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