DOL Corrects Temporary Rule and Provides Additional Q&A Regarding FFCRA

The U.S. Department of Labor FFCRA Questions and Answers webpage has become an important resource for many organizations seeking to correctly administer Emergency Paid Sick Leave (EPSL) and Emergency Family Medical Leave (EFML). It has recently been updated with additional answers to questions relating to EPSL and EFML entitlement for employees with irregular hours (Q&A 80-81) and for computing the Average Regular Rate for the FFCRA (Q&A 82-83, and 85), including fixed hourly, fixed salary – specific hours, fixed salary – varying hours and varying compensation arrangements. It also provides some guidance regarding mandating substitution of employer paid leave (Q86) and defines when “Stay at Home Orders” trigger EPSL and EFML (Q87).