FORM and UNDER 50 EXEMPTION
It’s been a while since I’ve sent an update. I’ll be honest, like most of you, by the middle of last week, I hit information overload and could no longer absorb all that was coming through my inbox.
FFCRA LEAVE FORMS
Now things are changing a bit, and we’re starting to see more employee-related FFCRA questions. Some have been quite creative.
To help with that, here is a FFCRA leave request form. My suggestion before answering any FFCRA question is to go to the Leave Request Form and see if/how their question fits. Each time I’ve done that, the answer is clear.
UNDER 50 EXEMPTION
Many of you have been waiting for guidance on the under 50 exemption from FFCRA. Well, we finally have some.
Keep in mind, the exemption, if obtained, only relieves employers with fewer than 50 employees from providing Extended Family Medical Leave (EFMLA) leave or Extended Paid Sick Leave (EPSL) to employees who request paid leave while caring they care for a son or daughter whose school is closed or childcare is unavailable. The exemption is not available for any other reason qualifying an employee for EPSL. Claiming the exemption will require an authorized officer of the business to determine that:
- The provision of paid sick leave or expanded family and medical leave would result in the small business’ expenses and financial obligations exceeding available business revenues and cause the small business to cease operating at a minimal capacity;
- The absence of the employee or employees requesting paid sick leave or expanded family and medical leave would entail a substantial risk to the financial health or operational capabilities of the small business because of their specialized skills, knowledge of the business, or responsibilities; or
- There are not sufficient workers who are able, willing, and qualified, and who will be available at the time and place needed, to perform the labor or services provided by the employee or employees requesting paid sick leave or expanded family and medical leave, and these labor or services are needed for the small business to operate at a minimal capacity.
If you believe you qualify for an exemption, I might suggest getting legal advice to avoid to ensure you’ve covered all your bases.
Please reach out with any specific questions, and thank you for all your doing out there to keep up with everything. This was not what anyone signed up for, so thank you!
We’re in this together, one step at a time. Please reach out with questions.
Christine Frazer | HR Strategist