On March 27, 2020, nine days after its enactment, the Families First Coronavirus Response Act (the “FFCRA”) was amended in part by the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”), the third emergency federal legislation adopted in response to COVID-19.On April 6, 2020, the Department of Labor’s Wage and Hour Division (the “DOL”) published a temporary rule implementing the leave provisions of the FFCRA, which was amended in part on April 10, 2020 (the “Rule”). The DOL continues to update and provide additional guidance regarding the leave provisions of the FFCRA in a Questions and Answers document, and our posts on the DOL’s guidance are available here: Part I, Part II and Part III.
On March 18, 2020, Congress passed the Families First Coronavirus Response Act (the “Response Act”), which President Trump signed into law. While the Response Act addresses an array of concerns regarding Coronavirus (COVID-19), this memorandum focuses on the employment-related aspects of the Response Act, specifically: (1) the Emergency Family and Medical Leave Expansion Act; (2) the Emergency Paid Sick Leave Act; and (3) Tax Credits for Paid Sick and Paid Family and Medical Leave. These provisions apply only to private employers with fewer than 500 employees and to public agencies and entities with at least one employee, and are scheduled to go into effect not later than 15 calendar days after enactment and to expire on December 31, 2020.