DOL Issues FFCRA Temporary Rule, Clarifies Eligibility for Paid Leave
Earlier this morning, the Department of Labor (DOL) posted a temporary rule regarding the Families First Coronavirus Response Act (FFCRA).
Many AED members have been questioning whether an employee who cannot come to work because they are subject to a shelter in place rule, would be eligible for Emergency Paid Sick Leave under the provision when the employee is “subject to a Federal, State, or local quarantine or isolation order related to COVID-19.”
The DOL has issued a definitive answer to this question and stated that an employee who cannot work due to a shelter in place rule WOULD be eligible for paid sick leave.
However, this rule does not apply to all employees subject to such an order. The DOL guidance indicates that an “employee subject to one of these orders may not take paid sick leave where the employer does not have work for the employee.” In other words, an employee would only be eligible for paid sick leave where their employer has work for them to do, but they are unable to perform such work because they must remain home according to the shelter in place rule.
The DOL Temporary Rule can be found here: https://s3.amazonaws.com/public-inspection.federalregister.gov/2020-07237.pdf