SimplyHR | Employment & Labor Blog 

A new publication from Greensfelder and the Illinois Chamber of Commerce covering essential updates on employee leave issues is now available.

Greensfelder collaborated with the Chamber’s HR Illinois division to produce this new third edition of  “FMLA, ADA, Military and Other Leave Issues: A Guide for the Illinois Employer.” It is a 25-chapter, 160-page comprehensive guide that covers the latest on each of these important areas of employment law, providing insights on many common leave situations a manager or supervisor may encounter. Topics include disability discrimination laws, reasonable accommodations, FMLA qualifying reasons and calculations, and military leave coverage topics include USERRA, among others.

The Chicago City Council recently passed Ordinance No. 02021-2182 (the Ordinance), which, among other things, expands the permissible bases to take leave under the Chicago Paid Sick Leave Ordinance (PSLO) and creates new wage theft protections for employees. The paid sick leave amendments take effect on August 1, 2021, while the wage theft provisions went into effect on July 5, 2021.

With its latest Q&A set, the U.S. Department of Labor issued additional guidance on calculating paid leave and computing employees’ regular rate of compensation, and it also clarified issues arising from prior Q&As. It is a particularly good time to review the guidance, as the DOL announced the end of its non-enforcement period of the paid leave provisions under the Emergency Family and Medical Leave Expansion Act (EFMLEA) and the Emergency Paid Sick Leave Act (EPSLA).

Attempting to further clarify the confusion faced by employers following passage of the Families First Coronavirus Response Act (FFCRA), the U.S. Department of Labor (DOL) issued its fourth set of Q&As (#60-79) to help with implementation.

The DOL issued its first set of Q&As (#1-15) on March 24, 2020 (read more here), followed closely by its second set (#16-37) and third set (#38-59) on March 26 and March 28, respectively (read more here). The DOL also released a temporary rule issuing regulations applicable to the FFCRA on April 1 (read more here).

On April 1, 2020, the Department of Labor released a temporary rule issuing regulations under the Families First Coronavirus Response Act (FFCRA) effective immediately through December 31, 2020. Employers who have been wrestling with compliance with the FFCRA’s paid leave provisions will recognize much of the material in these regulations from the DOL’s informal guidance or from the CARES Act’s amendments to the FFCRA*. The regulations also include some helpful clarification:

As employers gear up for the coming workweek in which April 1 falls, now is a good time to highlight three U.S. Department of Labor publications issued last week regarding the Families First Coronavirus Response Act (FFCRA).*  

The DOL’s second and third sets of FFCRA Q&As

Two days after issuing its first set of Q&As (#1-15) relating to the implementation of emergency paid sick leave and paid expanded FMLA leave (read more here), the DOL published its second set of Q&As (#16-37) on March 26. On March 28, the DOL published its third round of Q&As (#38-59). These most recent installments answer many questions that have been on the minds of employers (and their lawyers) since the FFCRA was signed into law March 18. The full text of the DOL’s Q&As can be found here. Condensed, significant highlights follow.

The Department of Labor (DOL) on March 24, 2020, released its first guidance explaining aspects of paid sick leave and expanded family and medical leave under the Families First Coronavirus Response Act (FFCRA). The DOL released fact sheets aimed at both employees and employers as well as a Q&A document and promised more guidance to come. The guidance discusses how employers and employees can “take advantage of the protections and relief” offered by the FFCRA’s Paid Sick Leave Act and Emergency Family and Medical Expanded Leave Act.

On March 18, 2020, President Trump signed legislation extending to certain employees paid sick time related to COVID-19 and paid leave under the Family and Medical Leave Act (FMLA). As part of the legislation, employers must display the Department of Labor (DOL) poster notifying employees of their rights under the Families First Coronavirus Response Act (FFCRA). On March 25, 2020, the DOL published two posters, for federal and non-federal employers.

President Trump has signed legislation extending to certain employees paid sick time related to the coronavirus and paid leave under the Family and Medical Leave Act (“FMLA”). 

As covered in a previous post, the U.S. House of Representatives last weekend passed a previous version of the bill. In the days since, the House revised the legislation to update several of the provisions. The Senate passed the legislation on March 18 with a 90-8 vote. The President has now signed the legislation.

Congress has passed legislation on extending employees' paid leave related to the coronavirus and expanding the FMLA, sending the bill to President Trump for his signature. 

As covered in a previous post, the U.S. House of Representatives last weekend passed a previous version of the bill. In the days since, the House had revised the legislation to update several of the provisions. The Senate passed the legislation on March 18 on a 90-8 vote.