COVID-19 & Your Business: Frequent Questions

Who is a covered employer for purposes of emergency paid sick leave and expanded family and medical leave under the FFCRA? (29 CFR 826.40)

The new Department of Labor regulations explain that all private employers with fewer than 500 employees at the time an employee would take leave are considered to be “covered employers” under the FFCRA and must comply with the Emergency Paid Sick Leave Act (EPSLA) and the Emergency Family and Medical Leave Expansion Act (EFMLEA). Small employers with fewer than 50 employees may qualify for an exemption from the requirement to provide paid leave due to school, place of care, or child care provider closings or unavailability, if the leave payments would jeopardize the viability of their business as a going concern.

Last updated April 9

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