FFCRA Tag

The U.S. Department of Labor (DOL) has issued questions and answers (Q&As) on when federal contractors must include Service Contract Act (SCA), Davis- Bacon Act (DBA) or Executive Order (EO) 13706 fringe benefits—or their monetary equivalent—for workers taking leave under the Families First Coronavirus Response Act (FFCRA).

According to the Q&As, federal contractors whose work is covered by the SCA, the DBA or EO 13706 generally do not have to pay the health and welfare fringe benefit rate that those laws and the executive order would normally require when employees take FFCRA paid sick leave or expanded family and medical leave.

HR Insights Blog HeaderIn response to the COVID-19 pandemic, day cares and schools shut their doors. Months later, child care centers remain closed in many parts of the country, which means that parents are tasked with juggling caregiving and work responsibilities.

In fact, according to a survey from Boston Consulting Group (BCG), 60% of U.S. parents report that they’ve had no outside help with child care during the pandemic.

HR Insights Blog HeaderIn response to the coronavirus (COVID-19) pandemic, states have passed new laws and issued new regulations and guidance about employee leave taken for COVID-19 reasons.

These provisions are in addition to the federal Emergency Paid Sick Leave and Emergency Family and Medical Leave Expansion requirements passed on March 18 as part of the Families First Coronavirus Response Act (FFCRA).

Legal Update HeaderOn July 20, 2020, the U.S. Department of Labor (DOL) announced the agency’s publication of additional guidance on applying federal employment laws in the context of the COVID-19 pandemic.

The guidance is in the form of questions and answers added to sets of Q&As the agency issued earlier in the year about the operation of the federal Family and Medical Leave Act (FMLA), the Fair Labor Standards Act (FLSA) and the Families First Coronavirus Response Act (FFCRA) in workplace situations involving COVID-19.

Legal Update HeaderThe U.S. Department of Labor (DOL) is seeking information from the public about the effectiveness of paid employee family and medical leave.

In a Request for Information (RFI) issued July 15, 2020, the DOL said it intends to gather information about the effectiveness of current state-and employer-provided paid leave programs, and how access or lack of access to these programs impacts workers and their families. The RFI explains that “paid leave programs” for its purposes refers to paid family and medical leave to care for a family member’s, or for one’s own, health.

Legal Update HeaderEmployers are required to report the amount of qualified sick and family leave wages paid to employees under the Families First Coronavirus Response Act (FFCRA) on Form W-2, according to guidance from the IRS and the U.S. Treasury Department. The guidance was provided in Notice 2020-54, issued by the agencies on July 8, 2020.

Reporting FFCRA Compensation on the W-2

Employers will be required to report FFCRA leave compensation in either Box 14 of Form W-2, or in a statement provided with the Form W-2.

The Departments of Labor, Health and Human Services and the Treasury (Departments) have provided answers to a second set of frequently asked questions (FAQs Part 43) about health coverage issues related to COVID- 19, including implementation of the Families First Coronavirus Response Act (FFCRA) and the Coronavirus Aid, Relief and Economic Security Act (CARES Act).

The FAQs provide guidance on a variety of topics related to health plan coverage. For example, the FAQs:
  • Provide that COVID-19 testing for surveillance or employment purposes is not subject to the coverage mandate under the FFCRA and CARES Act;
  • Confirm that the FFCRA and the CARES Act generally prohibit balance billing for COVID-19 diagnostic testing;
  • Allow health plans to revoke the temporary COVID-19-related coverage changes without satisfying certain notice deadlines, provided participants are notified within a reasonable time frame in advance of the reversal of the changes; and
  • Allow large employers to offer coverage for telehealth and other remote care servicesto employees who are not eligible for any other group health plan offered by the employer during the public health emergency.