CLIENT ALERT FFCRA Leave Management Spreadsheet FFCRA Leave Management Spreadsheet Updated DOL Guidance On FFCRA And More Updated DOL Guidance On FFCRA And More BFFCRA Leave Management Spreadsheet Stradling has prepared a spreadsheet that allows employers to track employee eligibility for Emergency Paid Sick Leave (EPSL) and Expanded Family and Medical Leave (EFML) as provided under the Families First Coronavirus Response Act (FFCRA). The spreadsheet assists in determining an employee’s eligibility for EPSL and EFML, tracks the number of days taken, and calculates the rate at which the leave is paid. Employers can also manage company-provided vacation, sick leave or PTO in the same spreadsheet. This spreadsheet is available to Stradling clients. We also provide an absence request form for EPSL and EFML, and training on how to use the spreadsheet. If you are interested in obtaining the spreadsheet please contact: Jessica Dzamba jdzamba@sycr.com 805-730-6807 Or Mike O’Guinn moguinn@sycr.com 805-730-6821 and EFML which largely parallel the provisions of the Alert Content: DOL Publishes Regulations DOL regulations. These IRS documents also instruct and Updated Guidance and More employers on how to apply for the tax credits to The U.S. Department of Labor (DOL) released reimburse employers for providing those benefjts. regulations and updated its FAQs on the Emergency Paid Sick Leave (EPSL) and Expanded provided under OSHA published its Enforcement Guidance for the Families First Coronavirus Response Act (FFCRA). Respiratory Protection and the N95 Shortage Due to This Alert provides information on some of the more the Coronavirus Disease 2019 (COVID-19) Pandemic. important issues addressed by the regulations and The guidance discusses alternatives to N95 respirators FAQs, as well as links to both documents. There is a and the extended use or reuse of N95 respirators. This guidance can be found at https://www.osha. lot of information in this Alert but stick with it to get a gov/memos/2020-04-03/enforcement-guidance- better understanding of the scope and operation of respiratory-protection-and-n95-shortage-due- ESPL and EFML. coronavirus Also, the IRS has published additional resources and In a possible taste of things to come, Los Angeles has a FAQ on how employers are to document EPSL passed an ordinance that would expand paid sick Stradling Yocca Carlson & Rauth, P.C. sycr.com 1
CLIENT ALERT leave requirements to employers with 500 or more performing that work.” employees. Whether or not other local governments will adopt similar laws remains to be seen. Using EPSL Where Employee Is Experiencing Finally, a new law became effective on April 2 in COVID-19 Symptoms And Seeking Medical Diagnosis Alabama urging individuals to bump fjsts rather than shake hands for the duration of the Coronavirus The regulations provide important information about health crisis. Better yet, just don’t touch at all. Wave, this reason for EPS, stating that “paid sick leave bow, etc. – but just Be Safe. taken for this reason must be limited to the time the employee is unable to work because he or she is taking affjrmative steps to obtain a medical diagnosis. FFCRA Leave Regulations Thus, an employee experiencing COVID-19 symptoms Benefits Not Available When Workplace Closed Or may take paid sick leave, for instance, for time spent Employee Furloughed making, waiting for, or attending an appointment for a test for COVID-19. But, the employee may not take An employee is not entitled to EPSL or EFML after paid sick leave to self-quarantine without seeking a the employee has been furloughed or the workplace medical diagnosis.” And EPSL cannot be taken if the has been closed (whether pursuant to a government employee is able to telework while waiting for test order or lack of business). Employees who are already results unless there are “extenuating circumstances, on one of these paid leaves when they are furloughed such as serious COVID-19 symptoms, that may or the workplace closes must be paid up to the point prevent the employee from performing that work. of closure or furlough, but not after. Employers can However, employees may continue to take EPSL while furlough employees who are out on leave, but should experiencing COVID-19 symptoms and “may continue be careful to appropriately document the basis for the to take leave after testing positive for COVID-19, decision to show the reasons were not discriminatory regardless of symptoms experienced, provided that or retaliatory for taking protected leave. the health care provider advises the employee to self- quarantine.” What Is Telework Telework is broadly defjned and is equivalent to work Quarantine Or Isolation Orders performed at the employer’s worksite. “As a result, An employee may take EPSL if unable to work employees who are teleworking for COVID-19 related because they are subject to a Federal, State or local reasons must always record—and be compensated COVID-19 quarantine or isolation order. The regulars for—all hours actually worked … However, an explain this reason for EPSL stating: “Quarantine employer is not required to compensate employees or isolation orders include a broad range of for unreported hours worked while teleworking governmental orders, including orders that advise for COVID-19 related reasons, unless the employer some or all citizens to shelter in place, stay at home, knew or should have known about such telework.” quarantine, or otherwise restrict their own mobility.” The regulations go on to explain “that an employee However, “an employee may take paid sick leave only subject to a quarantine or if being subject to one of these orders prevents him or isolation order is able to telework, and therefore may her from working or teleworking as described therein. not take paid sick leave, if (a) his or her employer has The question is whether the employee would be able work for the employee to perform; (b) the employer to work or telework ‘but for’ being required to comply permits the employee to perform that work from the with a quarantine or isolation order.” But if the location where the employee is being quarantined employer does not have work for the employee, then or isolated; and (c) there are no extenuating the employee is not eligible for EPSL as they would circumstances that prevent the employee from be unable to work even if they were not required to Stradling Yocca Carlson & Rauth, P.C. sycr.com 2
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