Many human resources managers will admit that they don’t consistently designate FMLA-eligible leave as being taken under the FMLA, thinking that this won’t be a problem because few FMLA-covered employees actually end up taking more than the 12 weeks of leave that they are entitled to under the Family Medical Leave Act (“FMLA”).
Because the unemployment rate has been at record lows for the last decade, it is not surprising that many managers have only a cursory knowledge about how unemployment benefits work.
It was only five days ago that we discussed how employers might soften the blow for employees whose jobs could not be performed from home. Much has happened since then.
As required under the new law which we recently discussed here, the Secretary of Labor published the Notice (here for federal employees, and here for non-federal employees) that covered employers (i.e., those with fewer than 500 employees and not subject to the small business exemption discussed below) will need to post.
The Families First Coronavirus Response Act, which became law yesterday, will require most employers with fewer than 500 employees to provide paid leave, through December 31, 2020, to workers who have had to take time off because of COVID-19.