DOL Enforcement Action Related to FFCRA Leave

June 23, 2020

The DOL recently took action against two employers who failed to comply with the leave provisions under the Families First Coronavirus Response Act (FFCRA).

The DOL’s Wage and Hour Division (WHD) conducted an investigation of a Miami-Dade County employer. An employee of the employer was instructed by a healthcare provider to quarantine for 14 days due to reasons related to COVID-19. The employer granted the employee only 40 hours of paid leave and required the use of accrued paid leave for the remainder. The local DOL Assistance Center worked with the employer to restore the used paid leave and to pay the employee the remaining time under the Emergency Paid Sick Leave under FFCRA. As a reminder, employees of employers with fewer than 500 employees are eligible for two weeks (up to 80 hours) of emergency paid sick leave for certain reasons related to COVID-19. The employer is then eligible for a tax credit equal to the paid leave provided.

Similarly, the WHD got involved with a second Florida employer who failed to comply with FFCRA’s emergency paid sick leave provisions. The employer failed to provide payment to an eligible employee who was absent from work pursuant to a healthcare provider’s instruction to quarantine for reasons related to COVID-19. The WHD worked with the employer to ensure that the employee received the paid leave benefits to which he was entitled.

The DOL encourages employers to contact them with any questions related to the FFCRA. NFP has a library of resources related to COVID-19 including summaries, archived presentations and frequently asked questions (including those discussing leave provisions under FFCRA).

DOL Press Release, Miami-Dade County »
DOL Press Release, Florida Employer »
NFP COVID-19 Resources »