Following the enactment of the law, one of the key questions for many private employers is how to calculate the 500-employee threshold for coverage. There are not sufficient workers who are able, willing and qualified, and who will be available at the time and place needed, to perform the labor or services provided by the employee or employees requesting paid sick leave or expanded family and medical leave, and this labor or these services are needed for the small business to operate at a minimal capacity. However, the DOL notes that the U.S. Office of Management and Budget (OMB) has the authority to exclude some categories of U.S. government executive branch employees from taking certain kinds of paid sick leave. Covered Employers: The paid sick leave and expanded family and medical leave provisions of the FFCRA apply to certain public employers, and private employers with fewer than 500 employees. @media (max-width: 992px){.usa-js-mobile-nav--active, .usa-mobile_nav-active {overflow: auto!important;}} Covered Employers: The paid sick leave and expanded family and medical leave provisions of the FFCRA apply to certain public employers, and private employers with fewer than 500 employees. However, a general communication that identifies categories of employees who are excluded should satisfy the act’s requirements for larger employers. Each covered employer must post in a conspicuous place on its premises a notice of FFCRA requirements. Emergency responders are also given a broad definition to be exempted from the paid leave provisions of the FFCRA. is subject to a Federal, State, or local quarantine or isolation order related to COVID-19; has been advised by a health care provider to self-quarantine related to COVID-19; is experiencing COVID-19 symptoms and is seeking a medical diagnosis; is caring for an individual subject to an order described in (1) or self-quarantine as described in (2); is caring for a child whose school or place of care is closed (or child care provider is unavailable) for reasons related to COVID-19; or. Below we summarize some important developments in the new regulations and Q&As. Highlights from the DOL’s new regulations and Q&As – focused on those that differ or are not covered by the previous guidance – are provided below. /*-->*/. Washington, DC 20210 The FFCRA requires covered employers to provide their employees with paid sick leave and expanded family and medical leave for specified reasons related to COVID-19. Ask the Expert: Small Employers and the FFCRA. Memo for Regional Administrators, Deputy Regional Administrators, Directors of Enforcement, District Directors, Field Assistance Bulletin No. The FFCRA covers private employers with fewer than 500 employees and certain public employers. For any of the employees covered by the definition, employers have the choice of whether to exempt the employees from the FFCRA. Which Employers the FFCRA Applies to, and How Small Businesses Obtain an Exemption This summary focuses on guidance provided by the DOL regulations on how to tabulate the number of employees for purposes of the FFCRA’s 500 employee rule, and the process and criteria for small businesses (under 50 employees) to seek an exemption from the FFCRA. An agency within the U.S. Department of Labor, 200 Constitution Ave NW See Department of Labor (“DOL”) FAQ #2 for details on whether a business has 500 employees. Which employers are covered? Highlights from the DOL’s new regulations and Q&As – focused on those that differ or are not covered by the previous guidance – are provided below. The FFCRA also requires employers with fewer than 500 employees to provide up to 12 weeks of expanded family and medical leave if an employee is unable to work (or telework) to care for the employee’s child (under 18 years old) if the child’s school or place of care is closed, or the child’s childcare provider is unavailable, due to COVID-19. See section Reporting Payments on Employee’s W-2 for more information.. [CDATA[/* >