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Davis Brown Employment and Labor Law Blog

Three Pressing FFCRA Questions and Answers - March 30, 2020

The DOL continues to clarify and answer questions for the Families First Coronavirus Response Act (FFCRA). Part of the act includes emergency leave under the Family and Medical Leave Act, EFMLA.

Common questions recently clarified include:

Can EFMLA and Paid Sick Leave be taken intermittently?  

Yes, so long as the employer and employee agree. Intermittent leave is more likely with telework or for issues relating to school and daycare closures. On-site work and intermittent leave would not be appropriate if an employee was potentially contagious. To the extent feasible, the DOL consistently encourages collaboration.

If an employee has already exhausted regular FMLA do they still get more under the EFMLA?

No, the total leave allotment in the 12-month period, including leave for school or daycare closures, remains a maximum of 12 weeks. The only longer allotment remains military caregiver leave.

What is the definition of exempt healthcare provider?  

This definition is very broad and exempts all employees of a healthcare provider from coverage under the act - from environmental services and accounting to physicians.

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