Ellen McCann walks through the latest guidance from the Department of Labor on the Families First Coronavirus Response Act (FFCRA). Followinglast week’s episode, [MC1] which set the groundwork for the law, today we discuss new details such as how to count your number of employees and how the law applies if your business is closed or your employees are being furloughed. 

Top takeaways:

• How do you know if you have 500 employees? The employer threshold count is measured as of the date the employee uses the leave. It includes anyone on the payroll (U.S. only) and temporary employees. [03:50]
• Furloughed employees are not eligible for Emergency FMLA or Emergency Paid Sick Leave, as they are no longer working. If your business is closed, employees are also not entitled to the leave. [05:48]
• Traditional FMLA laws continue to apply unless they are specifically called out as having been changed by this law. [07:48]
• You can combine this new leave entitlement with PTO and corporate leave, but there are conditions. [11:48] Listen to Part 1 here and check the DOL’s website and their FAQ page for full guidance. 

This program is not intended to constitute legal advice and is for general educational purposes only. If you need legal advice on a particular situation, please contact your own attorney. 

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