What You Need to Know Right Now About Families First Coronavirus Response Act (FFCRA): It is not retroactive, meaning that it does not apply to any changes made prior to the passage of the legislation. This new act, which went into effect on April 1, 2020, requires that if covered, employers must post an FFCRA poster in the workroom, etc.
Significant Threshold Issues / Questions
- Private employers with fewer than 500 employees, and public entities of any size are exempt from providing paid leave, but they must prove exemption
- Still able to make legal organizational changes, must be defensible and able to explain reasoning
Compensating Employees During the Pandemic
- Only time actually worked from home will be compensated
- Non-exempt employees are only required to be paid for the hours worked, but should clearly be defined if expected to be on-call
- Establish a written policy on reporting and recording time
- Breaks must be non-interrupted or employees must be paid for interrupted breaks
- Create telework policy, create as temporary to avoid confusion, clearly will not work from home forever; include workplace injuries
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