Employers facing 'onslaught' of new litigation under FFCRA

When Congress passed the Families First Coronavirus Response Act (FFCRA), we all knew it wouldn't take long for some interesting new lawsuits to spring up. We were right—employers are facing an onslaught of litigation primarily alleging they retaliated against employees for seeking and/or using the FFCRA's leave and sick pay provisions. While most of the cases haven't yet been adjudicated or resolved, it's helpful to review the allegations to get a sense of where and how the conflicts tend to arise.

Jones v. Eastern Airlines

In this Pennsylvania case, Stephanie Jones, a single mother of an 11-year-old boy, alleges she was terminated for requesting FFCRA leave in late March to care for her son, whose school was closed because of COVID-19. The airline has filed a request to dismiss the case, arguing:

• The FFCRA claim can't proceed since the law didn't become effective until April 1, after Jones requested and was denied her leave; and
• Even if the FFCRA applies, she didn't meet the eligibility requirements for Family and Medical Leave Act (FMLA) leave at the time of her request.

Constance v. Hollybrook Golf and Tennis Club

Randy Constance, the maintenance supervisor at a Florida country club, contends he told his supervisor on March 27 he was experiencing COVID-19 symptoms and was going to take time off from work to get tested. After receiving positive test results, he informed the general manager (GM) and recommended the other employees get tested. The GM allegedly then directed him not to tell anyone else to avoid "chaos."