Practical Issues for Employers in Navigating the New Federal Emergency Paid FMLA and Sick Leave Mandates

On March 18, 2020, President Trump signed into law the Families First Coronavirus Response Act, which aims to provide initial relief to American workers of certain covered employers in the wake of the coronavirus pandemic. This new law requires covered employers to offer emergency paid leave in the form of a new mandatory paid sick leave benefit and expanded paid leave under the FMLA.

Targeted for an effective date of April 2, 2020, this new law raises just as many questions as answers. In a 90-minute, complimentary webinar, Littler attorneys Alexis Knapp, Jeff Nowak and Jim Paretti will offer an analysis of the new FMLA and paid sick leave provisions of the law and deliver practical counsel for employers navigating the requirements of the law.

Our Littler attorneys will address questions such as:

• The new law covers private employers fewer than 500 employees. How is this number calculated and how are multiple, related companies treated when determining employer coverage?
• How are the exclusion and opt-out provisions for certain types and certain sizes of employers going to work?
• If an employee is terminated before the effective date of the law, is the employer still required to provide paid sick or FMLA leave?
• How do the new FMLA and sick leave requirements combine with existing leave under company policy or state/local law and/or the amount of FMLA leave already taken?
• What are the reasons for leave and how does an employer manage the overlap between paid sick leave and paid FMLA leave?
• If employers provide paid leave before the April 2 effective date, is this time credited against any entitlement once the law is effective?
• Is the paid leave reimbursed by the federal government? If so, how is an employer reimbursed and what is the anticipated time line for payment?
• Can paid sick and paid FMLA leave be used intermittently or must they be taken in a continuous period of time?