The Families First Coronavirus Response Act: Requirements and Considerations

By  Pamela Abbate-DattiloEmily S. Pontius  and Erin M. Edgerton

The Act provides that covered employers may exclude health care providers and emergency responders from taking emergency paid sick time and emergency FMLA leave provided by the Act, although of course they remain eligible for traditional, unpaid FMLA leave if they meet the other eligibility requirements.

Additionally, the Secretary of Labor is empowered to issue regulations excluding businesses with fewer than 50 employees if providing this leave would jeopardize the viability of the business; and certain health care providers and emergency responders. Until the Department of Labor provides additional information and guidance on these potential exclusions, employers should hold off on making determinations as to employees who may be disqualified from taking emergency paid sick time or emergency FMLA leave under the Act. Read more>>