The Department of Labor (“DOL”) has just issued important new guidance regarding the use of Families First Coronavirus Response Act (“FFCRA”) paid sick leave and emergency paid family leave. This is the sick and family leave that must be offered by certain employers as of today, April 1^st and for which employers will receive a credit at the end of the quarter.  The DOL’s guidance differs from what was previously expected based on the plain language of the law. Specifically, be aware that the DOL has taken the position that:

1. Furloughed employees are NOT eligible for FFCRA sick leave or paid family leave, despite the fact that furloughed employees remain employed, on the payroll and eligible for health benefits;
2. If a worksite is closed, preventing the employee from working, the employee is NOT eligible to use FFCRA sick leave or paid family leave; and
3. The DOL has seemingly confirmed that FFCRA sick leave or paid family leave is not available simply because of an office closure due to an executive order, such as the orders we are currently experiencing in New Jersey, New York and Connecticut.

The full list of DOL questions/answers/guidance can be found here:

The new DOL issued poster that must go up in office re: COVID-19 is here: