Legislative Update
Congress passed legislation today that offers forgivable loans to qualifying small businesses for payroll expenses, rent, utilities, etc. If you have questions on how to qualify, then please read the update provided yesterday by clicking here.
Department of Labor Additional FAQs
The Department of Labor issued additional FAQs that clarify how the new Emergency Paid Sick and FMLA Leave laws should be implemented (click here). Some of the questions answered are:
1) Do furloughed employees have the ability to request Emergency Paid Sick or FMLA leave?
2) What happens if you have to fire someone while they are out on Emergency Paid Sick or FMLA Leave?
3) Can employees take Emergency Paid Sick or FMLA Leave Intermittently?
4) Can an employee take Emergency Paid Sick or FMLA leave if they have the option to telework?
5) Can employees take PTO and Emergency Paid Sick or FMLA Leave concurrently?
Limited Exemption for Health Care Providers and Emergency Responders (Currently)
We have been waiting on the Secretary of Labor to issue additional guidance on whether it will exempt certain industries from the requirements of the new Emergency Paid Sick and FMLA Leave requirements. Of critical importance is whether all healthcare-related entities or emergency responder entities are exempt from the law. As it stands, there is only a limited exemption as follows:
• Emergency FMLA: An employer of an employee who is a health care provider or an emergency responder may elect to exclude such employee from the application of the provisions in the amendments made under section 3102 of this Act.
• Emergency Paid Sick Leave: [A]n employer of an employee who is a health care provider or an emergency responder may elect to exclude such employee from the application of this subsection.
What this means is that there is not a blanket exemption currently in place for health care provider entities and emergency responder entities. Rather, certain individuals who are health care providers or emergency responders may be specifically exempted by the entities that employ them.
Health Care Providers is a defined term under the FMLA as found here. If certain individuals do not qualify as health care providers or as emergency responders under this law, then those individuals are not exempt from the benefits of the new Emergency Paid Sick and FMLA Leave laws. For example, employees such as administrative or janitorial staff of health care providers and emergency responder entities are likely not exempt.
Contact Counxel Legal Firm
Contact us at (480) 744-6621 or at request@counxel.com. Don’t forget to check out the good things that others are saying about the services they received from Timothy Coons on Google.
This article is intended for informational purposes only and does not constitute legal advice for your specific situation. Use of and access to this article does not create an attorney-client relationship between you and Counxel Legal Firm. Please contact request@counxel.com or (480) 744-6621 to request specific information for your situation.
*Conveniently located off the 101 Freeway and the US 60 in the middle of Phoenix, Scottsdale, Tempe, Chandler, Gilbert, Mesa, and Queen Creek!
