FFCRA provides limited exemption for small businesses

Ever since the Families First Coronavirus Response Act (FFCRA) was passed in mid-March, small companies have wondered how the U.S. Department of Labor would apply the Act’s small business exemption from the requirement to pay certain paid sick leave and supplemental family and medical leave benefits. After the DOL recently released its final rule interpreting the law, we finally have an answer.

3 instances when small businesses can deny leave

Under the FFCRA’s exemption, certain businesses with fewer than 50 employees can deny paid sick leave or expanded family and medical leave under limited circumstances. Specifically, a small business can deny supplemental family and medical leave as well as paid sick leave requested to care for a son or daughter who is without school or childcare because of COVID-19 if an authorized officer of the business determines the leave would jeopardize its viability because: