FFCRA: The Latest Updates
The Department of Labor has posted further clarification and additional updates regarding the FFCRA. The highlights are below but let your HR Consultant know if you have any additional questions.
Q: When the FFCRA says care for an individual, who can I care for?
Answer: An immediate family member and/or someone resides in your home. The individual must genuinely need care that has been impacted by COVID-19.
Q: When am I eligible for paid sick leave based on a “substantially similar condition” specified by the U.S. Department of Health and Human Services?
Answer: The U.S. Department of Health and Human Services (HHS) has not yet identified any “substantially similar condition” that would allow an employee to take paid sick leave
Question: How can a business qualify for an exemption from providing Paid Leave under FFCRA?
Answer: An employer, including a religious or nonprofit organization, with fewer than 50 employees (small business) is exempt from providing (a) paid sick leave due to school or place of care closures or child care provider unavailability for COVID-19 related reasons and (b) expanded family and medical leave due to school or place of care closures or child care provider unavailability for COVID-19 related reasons when doing so would jeopardize the viability of the small business as a going concern. A small business may claim this exemption if an authorized officer of the business has determined that:
- The provision of paid sick leave or expanded family and medical leave would result in the small business’s expenses and financial obligations exceeding available business revenues and cause the small business to cease operating at a minimal capacity;
- The absence of the employee or employees requesting paid sick leave or expanded family and medical leave would entail a substantial risk to the financial health or operational capabilities of the small business because of their specialized skills, knowledge of the business, or responsibilities; or
- There are not sufficient workers who are able, willing, and qualified, and who will be available at the time and place needed, to perform the labor or services provided by the employee or employees requesting paid sick leave or expanded family and medical leave, and these labor or services are needed for the small business to operate at a minimal capacity.