Signed by President Trump on March 18, 2020, The
Families First Coronavirus Response Act
(“FFCRA”), requires employers to provide their employees with paid sick leave and expanded family and medical leave for reasons related to COVID-19.
At first blush, it appears the FFCRA picks up where the FMLA leaves off and requires businesses with
fewer than 500 employees to pay sick and family medical leave. Indeed, DOL’s FFCRA pamphlets, posters and summary sheets indicate employers with fewer than 500 employees are on the hook.
But, are all employers with fewer than 500 employees really on the hook?
A more though review of the Final Rule as submitted by the DOL provides an exemption for small private employers with fewer than 50 employees. Specifically, if the leave payment would jeopardize the viability of your business “as a going concern”, the employer is exempt.