In this News Flash:

Paid Sick and FMLA Leave Effective April 1 • DOE COVID-19 WAP Guidance

DOL Guidance: Paid Sick and FMLA Leave
Effective April 1

Yesterday, the U.S. Department of Labor (DOL) issued FAQs clarifying a number of issues regarding the new paid emergency sick leave and expanded FMLA benefits under the Families First Coronavirus Response Act (the Act). One key change is that both emergency sick and FMLA leave benefits will take effect on April 1st, rather than on April 2nd, as many had originally assumed based on the date the Act was signed into law. 

The DOL also clarified that the Act applies only to leave taken between April 1, 2020, and December 31, 2020, and does not retroactively cover any leave an employee may have used prior to April 1st. Further, the DOL issued enforcement guidance noting that it will not bring enforcement actions against any public or private employer for violations of the Act occurring within 30 days of its enactment, i.e., March 18 through April 17, 2020, provided that the employer has made reasonable, good faith efforts to comply with the Act. For more information about the paid sick and FMLA leave requirements, see CAPLAW’s previously-issued News Alert, as well as the following DOL resources specific to the Act and COVID-19:

• Families First Coronavirus Response Act: Questions and Answers
• Families First Coronavirus Response Act: Employee Paid Leave Rights
• Families First Coronavirus Response Act: Employer Paid Leave Requirements
• Field Assistance Bulletin 2020-1: Temporary Non-Enforcement Period Applicable to the Families First Coronavirus Response Act
• COVID-19 and the Fair Labor Standards Act: Questions and Answers
• COVID-19 and the Family and Medical Leave Act: Questions and Answers
• WHD Response to COVID-19

CAPLAW has received many questions about Community Action Agencies’ (CAAs) obligations to provide paid sick and FMLA leave under the Act. Please join us for a webinar tomorrow, March 26, 2020 from 1:00 pm - 2:30 pm EDT discussing the paid leave requirements and impact on CAA compliance with federal grant requirements. If you would like to submit questions in advance of the webinar, please do so here.

DOE COVID-19 Guidance for Weatherization

Today, the Department of Energy issued a Frequently Asked Questions memorandum to address current issues the WAP network is grappling with as a result of COVID-19. This memorandum contains information on the Impact of COVID-19 on the WAP workforce and clients, and what actions DOE is considering in light of the situation. DOE intends to continue to update this FAQ, as necessary, to address new or ongoing concerns.

This News Flash is part of the Community Services Block Grant (CSBG) Legal Training and Technical Assistance (T/TA) Center. It was created by Community Action Program Legal Services, Inc. (CAPLAW) in the performance of the U.S. Department of Health and Human Services, Administration for Children and Families, Office of Community Services Cooperative Agreement – Grant Award Number 90ET0467-03. Any opinion, findings, conclusions, or recommendations expressed in this material are those of the author(s) and do not necessarily reflect the views of the U.S. Department of Health and Human Services, Administration for Children and Families.

The contents of this news flash are intended to convey general information only and do not constitute legal advice. Any communication through this publication or through CAPLAW’s website does not constitute or create an attorney-client relationship. If you need legal advice, please contact CAPLAW or another attorney directly.