Paid Sick Leave and Emergency FMLA Programs Go Into Effect April 1, 2020

On late Wednesday afternoon, the U.S. Senate passed the Families First Coronavirus Response Act (the “Act”), which aims to stem the tide of the growing COVID-19 pandemic by establishing emergency paid sick leave and emergency FMLA leave programs for employers with fewer than 500 employees.  On Wednesday evening, President Trump signed the Act into law.  The Act will go into effect on April 1, 2020 and will no longer be effective as of January 1, 2021.

As we previously detailed, the emergency paid sick leave and emergency FMLA leave programs will place sizable obligations on smaller employers, including those that are not currently covered by the FMLA.  Although some employers have been encouraged by the Act authorizing the U.S. Department of Labor (“DOL”) to issue regulations that would exempt employers with fewer than fifty (50) employees from the emergency paid sick leave and emergency FMLA leave programs, there are many unanswered questions.  Will the DOL exercise this authority?  If so, how long will it take to issue such regulations?  What factor or factors will determine if a smaller employer will qualify as exempt?

As this situation progresses, we will continue to keep employers updated on all key developments related to COVID-19 and its impact on the workplace.  Please be sure to subscribe to our blog and follow us on social media so that you can receive timely updates and analysis on the issues that affect your workplace.  For questions about this or any other labor and employment law matter, please do not hesitate to contact the attorneys at Hoffman & Hlavac.