FFCRA is About to Expire

EMPLAWYEROLOGIST: A DEDICATION TO THE STUDY OF EMPLOYMENT LAW. The Law Office of Janette Levey Frisch focuses solely on assisting employers with navigating the complex and intricate world of employment law. Her priority is minimizing employers’ liability from litigation and audits, and helping employers improve relations with their employees through a more engaging and personal approach than the industry standard.

FFCRA is About to Expire – But You Might Still Have to Grant Your Employees COVID Leave. The Families First Coronavirus Response Act (FFCRA) will expire in exactly two weeks. Can Congress extend the FFCRA? Sure. Could Congress resurrect the FFCRA once we have a new Administration in Washington? Sure, but in all likelihood that will still leave a gap. If FFCRA expires and there’s no extension, does that mean employees have job-protection or paid leave if they are impacted by the COVID pandemic? Does that mean you, as an employer, are now off the hook, and don’t have to allow your employees to take time off, or hold their jobs open if they are affected by the pandemic? Not necessarily.

To learn more: http://theemplawyerologist.com/2020/12/10/ffcra-is-about-to-expire-but-you-might-still-have-to-grant-your-employees-covid-leave

I see my mission as providing employers proactive solutions to their workforce challenges/concerns. Litigation is generally expensive, cumbersome and often counterproductive. It is also, more often than not, avoidable. .”

Janette Levey Frisch

Attorney

Starting with FMLA: An employee who has COVID or whose parent, child, or spouse has COVID will qualify for up to 12 weeks’ job-protected leave and continuation of health benefits. In such a situation you will have to comply with all existing, applicable regulations. If you try to stop the employee from going out on leave, or you take adverse employment action against such an employee, or you fail to restore him/her to the same or an equivalent position, you risk being liable for FMLA violations. One thing you will not have to do for an employee on FMLA leave (assuming no other laws apply to them) is pay them, as FMLA leave is unpaid.

Source: Law Office of Janette Levey Frisch