This Week's Top 10 Questions from Employers During the COVID-19 Era

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One week since the Families First Coronavirus Response Act (“FFCRA”) went into effect, and businesses and employees are still struggling to understand the new law.  Here are the top ten questions the firm received over the last week and the abbreviated answers.

  1. Does the FFCRA apply to businesses with less than 50 employees?

    • Yes! While there is an opportunity for some small businesses to receive an exemption, this is not automatic and needs to be documented.

  2. Do I have to pay an employee for leave under the FFCRA if they were furloughed?

    • No, but you need to make sure you understand what a furlough is, since the media has sometimes described the concept inaccurately.

  3. My employee has expressed concerns about coming to work and did not show up today, can I fire him?

    • Maybe, first let’s look at the employee’s reason why and whether you are obligated to provide them with information on FFCRA leave.

  4. Will the tax credit for paying employees leave under the FFCRA be automatic?

    • No, you will be required to present documentation. You should start preparing for this now.

  5. Can I require my employee to take unused PTO or sick leave before using leave under the FFCRA?

    • No. You should consider modifying your leave policies in light of the additional leave under the FFCRA’s emergency paid sick leave requirements.

  6. Do I have to keep records of an employee’s request for FFCRA leave?

    • Yes. Regardless of whether you grant or deny a request for paid sick leave or expanded family and medical leave, there are several requirements for what must be documented by the employer.

  7. My worksite is closed. Do I have to provide leave under the FFCRA?

    • No, not while it is closed. The answer, however, gets complicated if only part of a larger operation or site is closed.

  8. If my employee already used his 12 weeks of FMLA leave for the year, must I provide an additional 12 weeks under the FFCRA’s Extended FMLA?

    • It depends on whether your company policy calculates FMLA leave on a rolling or calendar basis.  Extended FMLA expires December 31, 2020.

  9. We have been deemed an “essential business” by our state or local government, are we now exempt from the FFCRA requirements?

    • No. FFCRA only exempts health care providers and emergency responders.

  10. My employee has elected to take leave under the FFCRA because they are quarantined and waiting on a COVID-19 diagnosis. Do I have to notify my other employees and customers?

    • This is a complicated question that needs to be addressed on a case-by-case basis. We should discuss.

As you face the day-to-day questions of balancing business concerns, the law, and health and safety, please contact me if you have any questions.