DOL Issues Temporary Rule to Implement FFCRA

Today the U.S. Department of Labor issued temporary regulations to implement the Families First Coronavirus Response Act. Click here to read the temporary rule.

The regulations answer many questions and we are working on an update of our summary of the law. However, one of the most pressing questions has been whether Governor Inslee’s “Stay at Home” Order is a qualifying use for Emergency Paid Sick Leave in Washington State. Despite initial indications to the contrary, the temporary regulations state that the Governor’s “Stay at Home” Order is a qualifying use if it causes the employee to be unable to work:

Subject to a Quarantine or Isolation Order. For the purposes of the EPSLA, a quarantine or isolation order includes quarantine, isolation, containment, shelter-in-place, or stay-at-home orders issued by any Federal, State, or local government authority that cause the Employee to be unable to work even though his or her Employer has work that the Employee could perform but for the order. This also includes when a Federal, State, or local government authority has advised categories of citizens (e.g., of certain age ranges or of certain medical conditions) to shelter in place, stay at home, isolate, or quarantine, causing those categories of Employees to be unable to work even though their Employers have work for them.

Please note that eligibility requires that the employee be unable to work due to the Governor’s Order. If the Governor’s Order does not require the employee to stop working because the employee is teleworking or because the employee is performing essential services as defined by the Order, then the employee likely cannot use Emergency Paid Sick Leave based solely on the Governor’s Order.

Please contact your attorney at Summit Law Group if you have questions about this alert or need any assistance.