The U.S. Department of Labor has again updated its compliance assistance for the Families First Coronavirus Response Act (“FFCRA”), in the form of “Questions and Answers.”  This post summarizes the most recent Questions and Answers.  Previous summaries can be found here and here.

Some of the newest answers include the following:

  • Question 60: Clarifies that shelter-in-place and stay-at-home orders can qualify as federal, state, or local quarantine or isolation orders for purposes of leave under FFCRA.
  • Question 61: Clarifies that an individual is eligible for paid sick leave due to the need to self-quarantine, if a health care provider directs or advises the worker to stay home or otherwise quarantine, and quarantine prevents the individual from working (or teleworking).
  • Question 62: States that an individual generally is not eligible for paid sick leave, even if exhibiting symptoms of COVID-19 and self-quarantining, without seeking a medical diagnosis or the help of a health care provider.
  • Questions 63-65: States that an employee may take paid sick leave to care for someone subject to a quarantine or isolation order, or who has been advised by a medical professional to self-quarantine, only if that person genuinely needs the employee’s care. An employee may take leave only to care for an immediate family member, someone that resides with the employee, or someone with whom the employee has a relationship that creates an expectation of care.
  • Question 68: Confirms that a “child care provider” includes not only paid child care providers, such as nannies, au pairs, and babysitters, but also unpaid individuals who provide care on a regular basis, such as grandparents, aunts, uncles, or neighbors.
  • Question 70: Confirms that a child’s school or place of care is considered “closed” if it is physically closed, even if the school provides online or other form of “distance learning.”
  • Questions 71-72: State that while an employee may take paid sick leave to care for someone else’s child under certain circumstances, an employee may not take expanded FMLA leave to care for someone else’s child.
  • Question 75: Provides four steps to calculate the daily amount you must pay a seasonal employee with an irregular schedule who takes paid sick leave or expanded FMLA leave:
    1. Calculate how many hours of leave the seasonal employee is entitled to take each day by determining the average number of hours each day that he or she was scheduled to work over the period of employment, up to the last six months.
    2. Calculate the seasonal employee’s regular hourly rate of pay by adding up all wages paid over the period of employment, up to the last six months, and then dividing that sum by the number of hours actually worked over the same period.
    3. Multiply the daily hours of leave (step #1) by the regular hourly rate of pay (step #2) to compute the base daily paid leave amount.
    4. Determine the actual daily paid leave amount, which depends on whether the leave taken is paid sick leave or expanded FMLA leave, and the reason for the leave.
  • Question 76: States that an employee may not receive paid sick leave or expanded FMLA leave while receiving workers’ compensation or temporary disability benefits, unless the employee has returned to light duty and a qualifying reason prevents the employee from working.
  • Question 77: States that if an employee is on a voluntary, employer-approved leave of absence, the employee may end the leave of absence and begin taking paid sick leave or expanded FMLA leave if a qualifying reason prevents the employee from working (or teleworking).  But an employee on a mandatory leave of absence may not take paid sick leave or expanded FMLA leave.
  • Questions 78-79: Confirms that the DOL will not bring enforcement actions for violations of the FFCRA occurring within the first 30 days of enactment (e, March 18 through April 17, 2020), provided that the employer has made a reasonable, good faith effort at compliance.  This limited period of non-enforcement, however, does not excuse employers from failing to comply with the FFCRA during this time.
Back to Workforce Bulletin Blog

Search This Blog

Blog Editors


Related Services



Jump to Page


Sign up to receive an email notification when new Workforce Bulletin posts are published:

Privacy Preference Center

When you visit any website, it may store or retrieve information on your browser, mostly in the form of cookies. This information might be about you, your preferences or your device and is mostly used to make the site work as you expect it to. The information does not usually directly identify you, but it can give you a more personalized web experience. Because we respect your right to privacy, you can choose not to allow some types of cookies. Click on the different category headings to find out more and change our default settings. However, blocking some types of cookies may impact your experience of the site and the services we are able to offer.

Strictly Necessary Cookies

These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.

Performance Cookies

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.