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On July 20, 2020, the US Department of Labor (DOL) announced the publication of additional guidance on the application of federal employment laws in connection with the COVID-19 pandemic. This new information is added to the existing issue issued by the agency earlier this year on the operation of the Federal Family Care Act (FMLA), the Fair Labor Standards Act (FLSA) and the family's first Coronavirus Response Act (FFCRA) for the COVID workplace. -19-situations.
Frequently asked questions about FLSA
DOL's new guidance on COVID-1
Frequently asked questions about FMLA
In addition to replacing "COVID-19" with "flu" in many places, the new guidance on COVID-19 and FMLA adds questions, including:
- Whether a telemedicine appointment can create a serious medical condition under the charter (yes, if the appointment meets certain requirements); and
- Whether the FMLA prohibits employers from requiring a COVID-19 test of employees returning from FMLA leave (no, where the test requirement has no connection to FMLA leave and applies to all employees).
Employers should be aware that the DOL's question and the FMLA issue continue to claim that there is no requirement for paid leave for workers under federal law, the FFCRA requires paid leave for stated COVID-19 related reasons.
Issues addressed by the DOL's additional Questions and Answers to the FFCRA include requiring employees returning from FFCRA leave to be tested for COVID-19 and the availability of FFCRA leave after a furlough.