U.S. DOL Regulation and Guidance on FFCRA's Paid Sick Days and Paid Leave Provisions

On March 18, 2020, Congress passed the Families First Coronavirus Response Act (FFCRA), providing some employees up to 10 paid sick days and up to 12 weeks of family leave (with 10 of the weeks paid), in addition to other critical measures. This was the first time Congress required federal paid leave for private sector workers—an important first step in ensuring workers earning low wages have access to these benefits during the COVID-19 pandemic.  Along with other guidance, the U.S. Department of Labor (DOL) issued a Temporary Rule: Paid Leave under the Families First Coronavirus Response Act, effective April 2 – December 31, 2020.

This fact sheet provides additional information about the impact of DOL’s guidance and temporary regulation on employees’ rights to paid sick days and paid family leave, beyond what is included in CLASP’s Paid Sick Days and Paid Leave Provisions in FFCRA and CARES Act fact sheet. Many of DOL’s interpretations of the FFCRA significantly undermine the law’s purpose to provide crucial paid sick days and paid family leave to workers who need to care for themselves and others because of COVID-19.