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U.S. Department of Labor announces relief period for FFCRA compliance

published in McAfee & Taft LINC | March 26, 2020

The Families First Coronavirus Response Act (FFCRA) requiring certain employers to provide paid sick and family leave to employees facing the effects of the coronavirus went into effect on March 18, 2020. On March 25, 2020, the U.S. Department of Labor announced it will not bring enforcement actions against any public or private employer for violations of the Act occurring within 30 days of the enactment of the FFCRA, i.e., March 18 through April 17, 2020, as long as the employer has made a reasonable, good faith effort to comply with the FFCRA. Employers will meet the reasonable and good faith standard if all of the following facts apply:

  1. The employer makes all affected employees who are owed paid sick leave or emergency family medical leave whole as soon as practicable.
  2. Failure to comply with the FFCRA is not a “willful” act of the employer.
  3. The Department of Labor receives a written commitment from the employer to comply with the Act in the future.

This relief will end after April 17, 2020.