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On March 28, 2020, the United States Department of Labor (“DOL”) published additional guidance on nearly two dozen more “critical issues” that the DOL had not addressed in its previous guidance on the recently enacted Families First Coronavirus Response Act (“FFCRA”).

DOL Issues Newly Updated Guidance on Critical Issues for Employers Regarding the Families First Coronavirus Response Act

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On March 28, 2020, the United States Department of Labor (“DOL”) published additional guidance on nearly two dozen more “critical issues” that the DOL had not addressed in its previous guidance on the recently enacted <a data-mce-href="https://www.congress.gov/bill/116th-congress/house-bill/6201/text" target="_blank" href="https://www.congress.gov/bill/116th-congress/house-bill/6201/text">Families First Coronavirus Response Act</a> (“FFCRA”). Our March 26, 2020 report on the notable takeaways from the previous guidance can be <a data-mce-href="https://elc.mofo.com/topics/dol-releases-first-round-of-published-guidance-on-the-families-first-coronavirus-response-act.html" target="_blank" href="https://elc.mofo.com/topics/dol-releases-first-round-of-published-guidance-on-the-families-first-coronavirus-response-act.html">found here</a>. In addition to providing a few clarifications on the previous guidance, the <a data-mce-href="https://www.dol.gov/agencies/whd/pandemic/ffcra-questions" target="_blank" href="https://www.dol.gov/agencies/whd/pandemic/ffcra-questions">latest round of guidance</a> is notable for discussing the definition of a “health care provider” and “emergency responder” who may be excluded from coverage under the FFCRA. The DOL also further defines the scope of the small business exemption for purposes of exclusion from the provisions of the Emergency Paid Sick Leave Act and Emergency Family and Medical Leave Expansion Act. The guidance also addresses whether public sector employees may take paid family and medical leave. The DOL indicated that it will continue to add guidance as these benefits go into effect on April 1, 2020.Read our <a data-mce-href="https://elc.mofo.com/topics/dol-issues-newly-updated-guidance-on-ffcra.html" target="_blank" href="https://elc.mofo.com/topics/dol-issues-newly-updated-guidance-on-ffcra.html" title="blog post">blog post</a>.

DOL Issues Newly Updated Guidance on Critical Issues for Employers Regarding the Families First Coronavirus Response Act

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Jinny Hwang

Associate

Employment + Labor