Families First Coronavirus Response Act

Published: 3/27/20 (Fri)

The following information has been prepared by NDIRF General Counsel Zack Pelham with Pearce Durick in Bismarck, ND. 

As you may have heard, the recently passed Families First Coronavirus Response Act (Act) applies to all public employers (and private employers with 500 or fewer employees) with limited exemptions.  The Act goes into effect April 1st.

The Act expands FMLA temporarily and includes emergency paid sick leave for employees.  Here is a link to the United States Department of Labor (USDOL) Employer Paid Leave Requirements Fact Sheet that generally describes an employer’s obligations:   https://www.dol.gov/agencies/whd/pandemic/ffcra-employer-paid-leave

The USDOL has published a poster for the Act to be displayed.  Here is a link for the poster:  https://www.dol.gov/sites/dolgov/files/WHD/posters/FFCRA_Poster_WH1422_Non-Federal.pdf

Here is a link for FAQs from the USDOL on providing notice to employees of the Act:  https://www.dol.gov/agencies/whd/pandemic/ffcra-poster-questions

NDIRF stands with its members during these uncertain times.  It is the intent of this post to alert any member who may be unaware of this important legislation that will go into effect April 1st.

The content of this post is not legal advice and you should consult legal counsel with any and all questions related to the Act.

Additional CARE ACT Provisions

As currently written in the draft CARES Act, the paid leave mandate applies only to local governments with fewer than 500 workers. It is possible for local governments  with under 50 employees to receive exemptions in order to protect those businesses from closing, although the precise method by which the Secretary of Labor would determine exemptions is unclear in the bill. The bill also puts caps on the employer requirements. Under the CARES Act, the maximum employers must pay at full wage replacement for two weeks of sick pay would be $511 per day. Under the 10-week childcare leave, an employer would not be required to pay more than $200 a day for each employee. An additional exemption has been included in the CARES Act draft that would allow the Office of Management and Budget director to exclude certain executive branch government employees from both kinds of paid leave.

The content of this post is not legal advice and you should consult legal counsel with any and all questions related to the Act.

 
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