The Department of Labor has just issued an updated version of its FAQs on the emergency paid sick and childcare leave provisions of the Family First Coronavirus Response Act (FFCRA). Reminder: these emergency leave mandates do not take effect until April 1 and do not apply retroactively. 

For now, please note the following five items:

  1. What do I have to show to qualify for the under 50 hardship exemption? The DOL will address this in regulations issued next month. The DOL is not requiring that anything be submitted to it. See, DOL FAQ 4. 
  2. What information should employees have to show to qualify for leave? The DOL details what information employees must provide in order to demonstrate that they are qualified for emergency paid sick or childcare leave. See, DOL FAQs 15 and 16. The DOL also notes that employees requesting emergency leave must show that they “cannot work or telework.” See, DOL FAQs 17-19. 
  3. Can qualified employees take emergency leave “intermittingly”? Generally, yes. See, DOL FAQs 20-22. 
  4. Are employees eligible for emergency leave due to federal, state or local “shut-down” or “stay at home” directives or because the dealership partially or fully closed or laid off employees “voluntarily”? No. See, DOL FAQs 23-28. 
  5. May employees collect both unemployment and emergency leave pay? No. See, DOL FAQ 29.

Needless to say, we are shocked by these new limitations, especially #4 and have been in contact with NADA.
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