Roundup of DOL's recent COVID-19 guidance on FFCRA, FMLA, FLSA

The U.S. Department of Labor (DOL) continues to issue new COVID-19 guidance. Here is a roundup of recent guidelines related to the coronavirus and the Families First Coronavirus Response Act (FFCRA), the Family and Medical Leave Act (FMLA), and the Fair Labor Standards Act (FLSA).

FFCRA and furloughs

During the COVID-19 pandemic, many employers have made the difficult decision to furlough employees. A "furlough"? isn't a layoff or a termination of employment; rather, it's a temporary leave of absence in which employees aren't scheduled, permitted, or authorized to perform work and don't receive pay.

Recent DOL guidance made clear employees who rely on FFCRA leave—whether paid sick leave or expanded family and medical leave—prior to a furlough would be entitled to use only whatever leave they have remaining after returning from the furlough. Under the Act, employees are limited to 80 hours of paid sick leave. So, if an employee had taken fewer than 80 hours of paid sick leave before a furlough, he could use the remaining hours after returning if he has a qualifying reason to do so.

The same is true for expanded FMLA leave. Under the FFCRA, eligible employees can take up to 12 weeks of expanded family and medical leave. The weeks an employee is furloughed don't count as time on leave under the Act. For example, if an employee used only four weeks of expanded family and medical leave before the furlough, upon returning she would be eligible for eight additional weeks of leave if she has a qualifying reason to take it.