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Return to Work Policy COVID-19

Alan D. Danz
Danz Law, PLLC

On April 1, 2020, the U.S. Department of Labor (“DOL”) announced new action regarding how American workers and employers will benefit from the protections and relief offered by the Emergency Paid Sick Leave Act and Emergency Family and Medical Leave Expansion Act, both part of the Families First Coronavirus Response Act (FFCRA).

The FFCRA provides for reimbursing private employers that have fewer than 500 employees with tax credits for the cost of providing employees with paid leave taken for specified reasons related to COVID-19. The law enables employers to keep their workers on their payrolls, while at the same time ensuring that workers are not forced to choose between their paychecks and the public health measures needed to combat the virus. The DOL’s Wage and Hour Division administers the paid leave portions of the FFCRA.

The DOL promulgated regulations to implement public health emergency leave under Title I of the Family and Medical Leave Act (FMLA) and emergency paid sick leave to assist working families facing public health emergencies arising out of the COVID-19 global pandemic. The leave provisions are created by a time-limited statutory authority established under the FFCRA and are set to expire on December 31, 2020. The temporary rule was operational on April 1, 2020 and is effective from April 2, 2020 through December 31, 2020. Issues rules relevant to the administration of the FFCRA’s paid leave requirements.

  • The Emergency Paid Sick Leave Act (EPSLA) requires that certain employers provide up to 80 hours of paid sick leave to employees who need to take leave from work for certain specified reasons related to COVID-19. These reasons may include the following:
    • the employee or someone the employee is caring for is subject to a government quarantine order or has been advised by a health care provider to self-quarantine;
    • the employee is experiencing COVID-19 symptoms and is seeking medical attention; or,
    • the employee is caring for his or her son or daughter whose school or place of care is closed or whose child care provider is unavailable for reasons related to COVID-19
  • The Emergency Family and Medical Leave Expansion Act (EFMLEA) requires that certain employers provide up to 10 weeks of paid, and 2 weeks unpaid, emergency family and medical leave to eligible employees if the employee is caring for his or her son or daughter whose school or place of care is closed or whose child care provider is unavailable for reasons related to COVID-19.

For specific information regarding the FFCRA, follow the link below or contact attorney Alan D. Danz at (954) 530-9245 0r email him at danz@danzlaw.net. For more information on Mr. Danz, a Florida licensed attorney, please visit his website at www.danzlaw.net

Temporary Rule: Paid Leave under the Families First Coronavirus Response Act