The Department of Labor (DOL) has recently released new information on the Families First Coronavirus Response Act and additional guidance on wage and hour rules, family and medical leave as workplaces reopen.
The new questions and answers are associated with pandemic related issues under the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Families First Coronavirus Response Act (FFCRA), and help and guidance for employees returning to work under the FFCRA.
Two new additions to the FAQ are: unauthorized work and fear of returning to work.
“The U.S. Department of Labor understands how critically American workers and employers need this information as they return to work. Continuing to provide it remains a top priority for the Wage and Hour Division,” said Wage and Hour Division Administrator Cheryl Stanton. “With so many workers and employers committed to the greatest comeback the American workforce has ever seen, we are providing ongoing guidance to help them better understand their rights and responsibilities to protect workers and help ensure a level playing field for employers as our economy recovers.”
One of the issues clarified by the DOL was regarding split leaves. For example, if you had an employee who was taking a qualified extended FMLA leave, used four weeks of leave, and was then furloughed, they will be entitled upon their return to work the remaining eight weeks of leave. Bottom line, the DOL clarified that the period of time that the employee was on furlough does not count against their FFCRA/FMLA entitlement. The clock stopped when they were furloughed.
Here is the latest addition to compliance assistance materials from The Department’s Wage and Hour Division (WHD):
- FFCRA fact sheet for employees
- FFRCA fact sheet for employers
- FFRCA rights guidance posters
- FFRCA questions and answers
- FFRCA quick benefits tips
If you’re feeling overwhelmed with HR issues and information, don’t hesitate to contact HR Services.