Families First Coronavirus Response Act

April 28, 2021April 28, 2021 by Duane Morris

Laws and Tax Incentives Fill COVID-19 Paid Leave Void As Vaccinations Increase and More Employers Return to In-Person Work

After the expiration of the Families First Coronavirus Response Act and similar state and local measures, many government jurisdictions stepped in to fill the COVID-19 paid leave void left following the expiration of those laws, including employee leave related to COVID-19 vaccination. Philadelphia and Chicago have put into effect ordinances to this end, and the federal government will be providing tax credits to employers who elect to provide paid leave for certain COVID-19-related reasons.

To read the full text of this Duane Morris Alert, please visit the firm website.

January 5, 2021 by Duane Morris

California’s COVID-19 Supplemental Paid Sick Leave Law: No Longer Effective, but Employers Beware

On September 9, 2020, California Governor Gavin Newsom enacted a law requiring all California employers with more than 500 employees, as well as certain industries exempted from the Families First Coronavirus Recovery Act (FFCRA), to provide up to 80 hours of supplemental paid sick leave to employees for COVID-related reasons. This law was set to sunset on the later of December 31, 2020, or upon the expiration of any extension of Emergency Paid Sick Leave under the FFCRA. As Congress has not extended the federal Emergency Paid Sick Leave requirements, California’s supplemental paid sick leave requirements are no longer effective as of January 1, 2021.

To read the full text of this Duane Morris Alert, please visit the firm website.

October 1, 2020 by Duane Morris

USDOL Amends Temporary Regulations; Healthcare Employers Who Have Excluded Employees from COVID-related Leave Benefits under FFCRA Must Reconsider

The United States Department of Labor’s (DOL) initial temporary regulations that interpreted and implemented the Families First Coronavirus Response Act (FFCRA) permitted employers to elect to exclude healthcare provider employees from eligibility for the COVID-related leave benefits made available under FFCRA. The initial DOL regulations provided a broad definition of healthcare provider, allowing most employees working for a healthcare provider employer to be excluded from FFCRA leave benefits, including Paid Sick Leave (PSL) and Extended Family and Medical Leave (EFMLA). After a federal district court decision struck down parts of the DOL’s prior final rule, the DOL now has issued revised regulations, which became effective on September 16, 2020, and expire along with the FFCRA on December 31, 2020.

To read the full text of this post by Duane Morris attorneys Jennifer Long and Nicholas J. Lynn, please visit the Duane Morris Health Law Blog.

September 17, 2020 by Duane Morris

Department of Labor’s Temporary Rule Revises FFCRA Regulations in Response to Federal Court Decision

On September 11, 2020, the United States Department of Labor (DOL) issued revised regulations for the Families First Coronavirus Response Act (FFCRA) after a New York federal district court decision struck down parts of the DOL’s prior final rule interpreting and implementing the FFCRA. The revised regulations became effective on September 16, 2020, and expire along with the FFCRA on December 31, 2020.

To read the full text of this Duane Morris Alert, please visit the firm website.

August 7, 2020 by Duane Morris

Significant Changes to COVID-19 Leave Provisions After Court Vacates Some DOL Regulations Interpreting Paid Leave Under the FFCRA

Judge J. Paul Oetken of the Southern District of New York found the United States Department of Labor exceeded its authority when it limited eligibility to leave under the Families First Coronavirus Response Act. The decision affects employers in New York (unless the court issues a stay pending appeal) and vacates the definition of “health care provider” and provisions regarding leave eligibility if an employer does not have work for the employee, intermittent leave approval of the employer and providing leave documentation prior to taking FFCRA leave.

To read the full text of this Duane Morris Alert, please visit the firm website.

April 28, 2020September 1, 2020 by Duane Morris

San Francisco’s COVID-19 Paid Sick Leave Ordinance Takes Effect

In our April 9, 2020, Alert, we analyzed the San Francisco Public Health Emergency Leave ordinance (PHELO), approved unanimously by the San Francisco Board of Supervisors on April 7, which requires private employers with 500 or more employees to provide up to 80 hours of supplemental paid sick leave consistent with the federal Families First Coronavirus Response Act (FFCRA).

On April 17, 2020, Mayor Breed signed an amended version of the PHELO. In addition, the San Francisco Office of Labor Standards Enforcement (OLSE) published a workplace poster, detailed guidance for employers in the form of FAQs (updated April 24, 2020) and a complaint form to be used by employees to address violations of the PHELO. The PHELO became effective on April 17, 2020, and will expire on June 17, 2020, or upon the termination of the COVID-19 public health emergency, whichever occurs first.

To read the full text of this Duane Morris Alert, please visit the firm website.

April 14, 2020 by Duane Morris

Navigating California’s Local Paid Sick Leave Ordinances in Light of COVID-19

Several cities in California have swiftly enacted emergency ordinances requiring private employers to provide public health emergency leave consistent with the federal Families First Coronavirus Response Act (FFCRA). The ordinances follow state and local proclamations of a public emergency and the increasingly robust shelter-in-place orders affecting businesses and individuals in response to the spread of the novel coronavirus COVID-19. We analyzed the San Francisco Public Health Emergency Leave ordinance and the FFCRA in recent Alerts. This Alert identifies developments in other California cities like San Jose, Los Angeles and Emeryville, as well as permissible uses of paid sick leave under the existing laws in Oakland, San Diego and Santa Monica for work absences that are related to COVID-19.

To read the full text of this Duane Morris Alert, please visit the firm website.

April 9, 2020 by Duane Morris

San Francisco Enacts Emergency Ordinance: Public Health Emergency Leave

On April 7, 2020, the San Francisco Board of Supervisors unanimously approved an emergency ordinance requiring private employers with 500 or more employees to provide public health emergency leave consistent with the federal Families First Coronavirus Response Act (FFCRA). The Public Health Emergency Leave ordinance (PHELO) follows San Francisco Mayor London Breed’s proclamation of a state of emergency, state and local shelter-in-place orders and Bay Area school closures in response to the spread of the novel coronavirus COVID-19. The ordinance will go into effect as soon as it is signed by Mayor Breed.

To read the full text of this Duane Morris Alert, please visit the firm website.

April 9, 2020September 1, 2020 by Duane Morris

COVID-19 Employer Update: Implementing the FFCRA – What Employers Need to Know

This webinar, featuring Duane Morris partners Christopher Durham, Linda Hollinshead and Kathleen O’Malley, will be held on April 21, 2020, at 2:00 p.m. Eastern time.

In the midst of significant operational challenges stemming from the COVID-19 pandemic, employers are now managing employee requests for emergency sick and extended family leave under the Families First Coronavirus Response Act (“FFCRA”). Navigating the requirements of the FFCRA has been made more complex by the fact that the U.S. Department of Labor issued its Q&A Guidance in piecemeal fashion and the temporary rule implementing the FFCRA was issued April 1, 2020, the day the law went into effect. Employers have had little time to prepare for and contemplate their responsibilities under this new law and now must quickly get up to speed.

For more information or to register, please visit the Duane Morris Institute website.

April 3, 2020August 27, 2020 by Duane Morris

Department of Labor Issues Regulations to Help Implement the Families First Coronavirus Response Act

On April 1, 2020, the U.S. Department of Labor (DOL) issued regulations in the form of a temporary rule to clarify and implement the Families First Coronavirus Response Act (FFCRA). Our previous Alert summarized the initial legislation, which was passed on March 18, 2020.

The regulations will remain in effect through the FFCRA’s expiration on December 31, 2020, and will assist employers in complying with the FFCRA’s Emergency Paid Sick Leave Act (EPSLA) and Emergency Family and Medical Leave Expansion Act (EFMLEA).

To read the full text of this Duane Morris Alert, please visit the firm website.