The DOL has issued a temporary rule applying to sick leave and expanded FMLA requirements under the Families First Coronavirus Response Act (FFCRA).

Although we shared an update yesterday on DOL’s clarifications, this bulletin from Constangy, Brooks, Smith & Prophete provides additional insight. As they note, “Employers will welcome some of the DOL’s interpretations and will dislike others. In the latter category, the DOL has said that “quarantine or isolation order” includes a shelter-in-place or stay-at-home order issued by the government. Because the majority of U.S. states are currently under these orders, that means any employee working for a covered employer in those states will be entitled to paid leave and expanded FMLA leave, provided that he or she is otherwise eligible, is not working for an “essential business” excluded from the order, and cannot perform the job remotely.”

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