The DOL recently updated its guidance regarding when childcare leave can be taken under the Families First Coronavirus Response Act (or “FFCRA”). FFCRA requires most employers to provide employees with up to 12 weeks of protected leave, paid at 2/3rds the employee’s regular rate of pay, up to a maximum of $200 a day (reimbursed
Karen O'Connor is a partner in the firm's Labor & Employment group whose practice includes counseling and litigation on complex employment issues including leave laws, workplace harassment and discrimination, discipline and documentation, and drug and alcohol issues. She represents clients before Oregon and Washington state and federal courts and in administrative proceedings. Karen co-teaches in the human resources program at Portland State University and is a frequent speaker in the community.
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Updates on Use of FFCRA Leave for Childcare this Summer
As we previously discussed here, the Families First Coronavirus Response Act (“FFCRA”) requires employers with fewer than 500 employees to provide up to 12 weeks of paid leave to eligible employees whose school or place of childcare is unavailable due to the COVID-19 pandemic. New guidance from the Department of Labor (which can be…
Supreme Court Rules That Title VII Protects LGBT Employees
Today the United States Supreme Court answered the question of whether Title VII, the federal law that prohibits workplace discrimination “on the basis of sex,” protects LGBT employees with a resounding “Yes.” In a 6-3 decision, the Court held that: “The answer is clear. An employer who fires an individual for being homosexual or transgender…
Ten Things to Consider In Getting Back to Work
As restrictions are easing, employers are planning for and starting to bring people back to work. In these extraordinary times, everyone recognizes that things will not be business as usual. Here is our “Top 10” checklist of things to consider as we move toward the “new normal.”
- Reluctant Returners. Many employees are eager to return
Staying Connected with Your Employees: Temporary Hours Reduction or Work Share Program?
Employers facing changes in their business or broader economic downturns must find ways to respond and weather the storm. Typically, this means cutting expenses, while maintaining their ability to operate. For many (if not most) businesses, payroll is the single largest expense item. And when business slows, employees are left with excess capacity and are…
FFCRA Leave for Childcare Closures May Extend Beyond the End of the School Year
Thank you to everyone who attended our webinar on Taming the COVID-19 Chaos, Part 6—Bringing Employees Back to Work. If you missed it, be on the lookout for details on future webinars to help employers navigate these challenging times.
We received some questions about whether employees can continue to use FFCRA leave after the end…
Changes to Oregon Unemployment Insurance and Oregon Family Leave Act in Light of COVID-19
On March 18, 2020, Oregon issued temporary rules to help employees impacted by COVID-19. The Oregon Employment Department issued temporary rules expanding the availability of unemployment insurance to those impacted by COVID-19, while the Oregon Bureau of Labor and Industries (“BOLI”) issued a temporary rule expanding the availability of the Oregon Family Leave Act (“OFLA”) to parents whose children are impacted by school or day-care closures.
Continue Reading Changes to Oregon Unemployment Insurance and Oregon Family Leave Act in Light of COVID-19
Congress Passes Legislation to Provide Paid Leave to Employees During COVID-19 Emergency
On March 18, 2020, the Senate passed the Families First Coronavirus Response Act, (the “Act”), which was passed by the House last week. President Trump swiftly signed the legislation, which is effective in 15 days. All public employers and private employers with under 500 employees are covered by the Act, which provides for emergency paid family and medical leave as well as emergency paid sick leave, among other provisions including changes to unemployment insurance and food and nutrition benefits.
Much of the final Act tracks the bill originally enacted in the House (discussed here), but there are some significant changes. Below we summarize the key important provisions of the Act as passed by Congress that relate to paid leave.
Continue Reading Congress Passes Legislation to Provide Paid Leave to Employees During COVID-19 Emergency
House of Representatives Takes Steps to Provide Paid Leave to Employees Absent due to COVID-19; Senate Must Still Act
We are continuing to monitor developing issues facing employers due to the outbreak of COVID-19. The latest is from Congress.
On March 13, the US House of Representatives passed the Families First Coronavirus Response Act, (the “Act”) to provide for emergency paid sick and family and medical leave for some employees around the country. Public agencies and employers with fewer than 500 employees are covered by the Act, and can apply for tax credits each quarter to recoup payments made under the Act.
Please note that the Act has not gone into effect yet and is not final. The Senate must also pass the Act before it becomes effective, and the Senate is likely to make changes. Subject to those changes, below is a summary of the important items for employers to know about the Act in its current state.
Emergency Family and Medical Leave
Employees are eligible for up to 12 weeks of paid family and medical leave under the Act if they have worked for an employer for at least 30 days, and are absent from work for one of the following reasons:…
Continue Reading House of Representatives Takes Steps to Provide Paid Leave to Employees Absent due to COVID-19; Senate Must Still Act
COVID-19 – Information Updates
We continue to stay up to speed on workplace-related legal issues as we all navigate this challenging time. Many of you attended the webinar we put on today, Taming the COVID-19 Chaos: What Employers Need to Know. The materials from that presentation are available here. Please join us for another webinar next Wednesday, March…