OADA Releases Updated HR Guide for FFCRA Leave Requests for Federal Emergency Paid Leave

Based on the updated guidance from the Department of Labor (DOL) that was released earlier this week, OADA is publishing an update of the Human Resources Guide to the FFCRA Leave Requests to assist members in understanding the process and practical steps to take in the event an employee requests paid leave under the FFCRA. The updated guidance can be found HERE. The updates include:

• Exploring whether or not an employer can require company-provided leave to run concurrently with FFCRA leave;
• Providing detailed guidance on what documentation can (and cannot) be asked for when an employee was experiencing symptoms and seeking medical advice;
• Clarifying if an employee can take leave if they have already successfully been teleworking with children and what to do once school ends;
• Reviewing how to calculate an employee’s regular rate of pay with both fixed and flexible pay plans and providing examples for clarification;
• Discussing how to handle employees who have irregular work schedules;
• Determining what 6-month period is used to determine an employee’s regular rate of pay; and
• Providing access to the NADA Frequently Asked Questions on Emergency Leave Mandates. 

In addition to the updated guidance, dealers can also use the Template FFCRA Leave Request Form that OADA has prepared to help get the required information. A Word version of that document can be found HERE.  For more detailed guidance, please see the DOL’s Questions and Answers HERE as well as the IRS’ Questions HERE.