The United States Department of Labor has just published its first guidance for employers and employees on the Families First Coronavirus Response Act. Our guidance issued on March 23, 2020 will be updated in accordance with the DOL Guidance.
The model notice has not yet been issued. However, the DOL Guidance clarifies that the paid leave portion of the Act does not stack for childcare leave – it runs concurrently. In a situation where an employee cannot work due to the unavailability of school or childcare due to COVID-19, all employees (of covered employers) are entitled to two weeks of paid leave (at the employee’s regular rate of pay) for this purpose. After the expiration of these two weeks (or 10 days), any employee who has worked for 30 days for the employer and is unable to work, is entitled to receive an additional 10 weeks of paid leave (2/3rds pay subject to caps/limitations) to take care of a son or daughter.