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Emergency FFCRA - Nuts, Bolts and Recent Updates

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  • Purpose

    As Minnesota’s aging services providers strive to implement the requirements of the FFCRA, a number of common and pressing questions have emerged. This timely webinar is designed to discuss them and provide answers based on what is currently known.


    Review who it applies to – size, how union representation fits in, “public employers” versus “private employers” (and tax credits) – and who it doesn’t through exemptions. Information for decision-making – expanded FMLA benefits vs emergency sick leave and how to communicate decisions to employees. Calculating the regular rate for employees – fluctuating vs. regular hours, what amounts to include, what’s reimbursable under the payroll tax credit and how that is claimed. Leaves of absence – for fear of catching COVID-19, for individuals who are immunosuppressed, those claiming to be “at risk”, pregnant employees covered by FFCRA, documentation for granting leave and considerations before making changes. Vacation, sick leave, PTO – decision-making for use of, considerations for collective bargaining agreements. FMLA – do “ordinary” FMLA/ADA principles apply? Employees already on FMLA leave, employees who have scheduled FMLA or parenting leave and now are on furlough. Unemployment compensation - and emergency sick leave. (Can one file for both?) Unemployment and FMLA. Other topics - new FAQ from MDOLI regarding telecommuting and critical sector employees, decision-making considerations when a union contract is present and employee use of vacation, sick leave and PTO. (Can an employer require its use?)


    GRANT T. COLLINS, Attorney and PENELOPE J. PHILLIPS, Attorney, Felhaber Larson, Minneapolis