Department of Labor Issues Families First Coronavirus Response Act Guidance

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The Department of Labor has issued some limited guidance regarding the implementation of the Families First Coronavirus Response Act (FFCRA),  https://www.dol.gov/agencies/whd/pandemic/ffcra-questions.

Additional, more detailed, guidance will be forthcoming.

Please take note of these vital clarifications.

  1. FFCRA will go into effect on April 1, 2020 NOT on April 2 as previously reported.  This is important to consider as employers are making plans into April, May and beyond.
  2. FFCRA is NOT retroactive.  If an employee was separated from employment prior to April 1, 2020, that employee will NOT be eligible for FFCRA benefits.  This does not apply to other benefits to which the employee may be entitled, such as unemployment benefits.
  3. The employee is entitled to a total of 12 weeks combined under the Emergency portion and the Expanded FMLA portion, not a combined total of 14 weeks.

The DOL promises further information and guidance regarding seeking the small business exemptions.

About the Authors

Karen Kalzer

Ms. Kalzer practices employment and education law with an emphasis on defending complex litigation for communities of faith, non-profits, schools and private employers.

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