What Employers Should Know About 2nd COVID-19 Relief Law


Susan Gross Sholinsky, Lauri F. Rasnick, Nancy Gunzenhauser Popper, and Ann Knuckles Mahoney, attorneys in the Employment, Labor & Workforce Management practice, co-authored an article in Law360, titled “What Employers Should Know About 2nd COVID-19 Relief Law.” (Read the full version – subscription required.)

Following is an excerpt:

On March 18, President Donald Trump signed H.R. 6201, the Families First Coronavirus Response Act, or FFCRA, into law. The FFCRA, the second coronavirus aid package, is intended to provide relief to workers and provide other economic benefits in response to the 2019 novel coronavirus.

For employers, the two key elements of the FFCRA are the Emergency Paid Sick Leave Act, or EPSLA, and the Public Health Emergency Leave, or PHEL, under amendments to the Family and Medical Leave Act. Both of these provisions provide for paid job-protected leave for workers missing work due to COVID-19-related reasons.

Effective Date and Applicability

The FFCRA will go into effect no later than April 2, which is 15 days following the act’s enactment. While there has been no indication that the law will become effective prior to this date, the U.S. Department of Labor is expected to release emergency regulations that may clarify or alter the implementation of the law, including its effective date. The act currently sunsets on Dec. 31, 2020.

The EPSLA and PHEL apply to private employers with fewer than 500 employees, as well as all public employers.