On July 20, 2020, the U.S. Division of Labor (DOL) introduced the company’s publication of further steerage on making use of federal employment legal guidelines within the context of the COVID-19 pandemic. This new info is added to the present Q&Because the company issued earlier this yr concerning the operation of the federal Household and Medical Go away Act (FMLA), the Honest Labor Requirements Act (FLSA) and the Households First Coronavirus Response Act (FFCRA) for office COVID-19 conditions.
FLSA FAQs
The DOL’s new guidance on COVID-19 and the FLSA addresses matters akin to teleworking and compensable time, sustaining workers’ exempt and non-exempt standing, and hazard pay.
FMLA FAQs
Along with substituting “COVID-19” for “influenza” in lots of locations, the brand new guidance on COVID-19 and the FMLA provides questions together with:
- Whether or not a telemedicine appointment can set up a severe medical situation below the statute (sure, if the appointment meets sure necessities); and
- Whether or not the FMLA prohibits employers from requiring a COVID-19 take a look at of workers getting back from FMLA go away (no, the place the testing requirement is unrelated to FMLA go away and applies to all workers).
Employers ought to be conscious that whereas the DOL’s Q&As on the FMLA proceed to claim that there isn’t a paid worker go away requirement below federal regulation, the FFCRA does require paid go away for specified COVID-19-related causes.
FFCRA FAQs
Points addressed by the DOL’s further Q&As on the FFCRA embrace requiring workers getting back from FFCRA go away to be examined for COVID-19 and the provision of FFCRA go away after a furlough.
