An important update for all employers from a co-chair of our Labor and Employment Group, Jen Will, on the Families First Coronavirus Response Act:

On the heels of its invitation to individuals and businesses to participate in a dialogue on the Families First Coronavirus Response Act (“Response Act”), the U.S. Department of Labor’s Wage & Hour Division issued a much needed Q&A late Tuesday afternoon.

Effective Date. The biggest question weighing on everyone’s mind has been answered.  The law passed to provide emergency paid sick leave and emergency paid family leave to employees impacted by the pandemic gripping the nation will be effective April 1, 2020 and apply to qualifying leave taken by December 31, 2020.  This means that employers cannot take credit for any paid leave extended to employees prior to April 1, 2020, even if they did so in an effort to comply with the Response Act.  To be perfectly clear, the paid sick leave and expanded family and medical leave requirements are not retroactive.

Additional information based on our review of the new Q&A for the Response Act is available HERE.