Leaves of Absence/FMLA Law and Practice

The American Rescue Plan Act of 2021 (ARPA) extends tax credits to those employers who voluntarily choose to provide paid leave benefits to employees under the Families First Coronavirus Response Act (FFCRA).

As you may recall, beginning January 1, 2021, employers with fewer than 500 employees could voluntarily provide paid leave to employees according to the FFCRA for certain qualifying reasons and receive tax credits for the paid leave.  The ARPA has extended employers’ eligibility for tax credits through September 30, 2021.  However, the ARPA contains new non-discrimination rules stating that FFCRA tax credits will not be made available to employers who discriminate in favor of highly compensated employees, full-time employees, or employees on the basis of tenure.

The ARPA also expanded the list of qualifying reasons for taking paid leave under the FFCRA.


Continue Reading ARPA Extends Tax Credits for Employers and Expands Qualifications for FFCRA Leave

As passed back in March 2020, the Families First Coronavirus Response Act (FFCRA)’s Emergency Paid Sick Leave (EPSL) Act and Emergency Family and Medical Leave Act (EFMLA) requirements by which employers with less than 500 employees must provide paid leave for certain COVID-19-related circumstances will expire as of December 31, 2020. The Coronavirus Response and Relief Supplemental Appropriations Act (Supplemental Bill) passed by Congress on December 21 does not extend those requirements beyond the December 31 date. However, the Supplemental Bill does continue to allow covered employers to take tax credits for such paid leave provided to employees between January 1 and March 31, 2021, if that paid leave would have otherwise been consistent with the FFCRA’s requirements if they had been extended beyond December 31.

Continue Reading New Relief Bill Does Not Extend FFCRA Requirements but Does Encourage Voluntary Extension

On October 1, Tennessee will join a growing list of states providing additional protections to pregnant employees as the Tennessee Pregnant Workers Fairness Act (Act) takes effect. Covered employers include those with 15 or more employees. Under the Act, it is unlawful for an employer to refuse to make reasonable accommodations for medical needs arising from pregnancy, childbirth or other related medical conditions unless doing so would impose an undue hardship on the employer. This includes requiring employees to take leave under a leave law or employer policy if another reasonable accommodation can be provided. The Act also prevents an employer from taking any other adverse actions against an employee in the terms, conditions, or privileges of an employee’s employment if the individual requests or uses a reasonable accommodation due to pregnancy, childbirth, or related medical conditions, such as counting pregnancy-related absences under a no fault attendance policy.

Continue Reading Tennessee Pregnant Workers Fairness Act

On August 3, the federal court for the Southern District of New York (SDNY) issued an order invalidating several significant portions of the Department of Labor’s (DOL’s) Final Rule regarding the Families First Coronavirus Response Act (FFCRA). The SDNY struck down the following provisions:

  1. That work has to be otherwise available to the employee for the employee to be eligible for Emergency Paid Sick Leave (EPSL).
  2. The DOL’s expansive definition of “healthcare providers” for the purposes of who can be excluded from the FFCRA mandated leave.
  3. That an employer must agree to the use of EPSL on an intermittent basis by employees for reasons not related to the possible spread of COVID-19 by the employee.
  4. That an employee must provide documentation requesting FFCRA before the beginning of the leave.

This ruling clearly applies in the Southern District of New York, however, its impact outside of the district is uncertain. As of now, employers who operate in that jurisdiction may have differing obligations under the FFCRA than employers operating outside.

A more detailed description of the ruling is provided below.


Continue Reading Court Ruling Invalidates DOL’s Final Rule Related to FFCRA

Bass, Berry & Sims has provided updated guidance on the employment-related provisions of the Families First Coronavirus Response Act (FFCRA) and answers to some frequently asked questions regarding the FFCRA regarding providing Emergency Paid Sick Leave (EPSL) and Emergency Family and Medical Leave Act (EFMLA) benefits under the Act. This guidance includes answers to some

Bass, Berry & Sims labor & employment attorneys recently held a webinar briefing covering key information for employers under the Families First Coronavirus Response Act.

Employers’ obligations will become effective no later than April 2, 2020. Get the information you need to know regarding the following aspects of the Act:

  • Emergency Paid Sick Leave
  • Emergency

Please note that the content below was posted on March 19, 2020. We have since provided updated guidance on the topics discussed in this post here.

On Wednesday, March 18, 2020, President Trump signed the Families First Coronavirus Response Act into law. The final version of the law contains significant revisions to the bill that was passed by the U.S. House of Representatives on Saturday, March 14, 2020.

Employers’ obligations will become effective no later than April 2, 2020. A summary of the employment-related provisions and answers to some frequently asked questions regarding the Act are provided below.

On March 23 from 12 p.m. – 1 p.m. CT, we will host a webinar titled “Employer Obligations Under the Families First Coronavirus Response Act”.

Please register here and join us as we discuss the latest guidance for employers and answer your frequently asked questions.

Emergency Paid Sick Leave Act

Employers must provide paid sick time to employees who are unable to work (or telework) for the following purposes through December 31, 2020:

  1. The employee is subject to a federal, state, or local quarantine order related to COVID-19.
  2. The employee has been advised by a healthcare provider to self-quarantine due to COVID-19 concerns.
  3. The employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis.
  4. The employee is caring for an individual who is subject to an order described in (1) above or has been advised as described in (2) above.
  5. The employee is caring for a child if the school or place of care has been closed or the child care provider of such child is unavailable due to COVID-19 precautions.
  6. The employee is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services in consultation with the Secretary of the Treasury and the Secretary of Labor.


Continue Reading Families First Coronavirus Response Act

On Saturday, March 14, 2020, the U.S. House of Representatives passed the Families First Coronavirus Response Act. The Act is expected to be voted on by the U.S. Senate, and signed by President Trump early this week.

There are two different versions of the bill that are being circulated, but both versions contain extended FMLA

As the number of confirmed 2019 novel coronavirus (COVID-19) cases continues to rise across the country and around the world, employers are looking for guidance regarding how they should react to the potential for spread of the virus. Several government agencies have responded to this demand. Bass, Berry & Sims’ labor & employment attorneys have

We are excited to be presenting a CLE webinar titled, “An Employer’s Obligations in the ADA Interactive Process” on February 11.

This 60-minute webinar will examine employers’ obligations within the interactive process, including how to recognize qualifying accommodation requests, what information an employer should request and be provided, and the process of exploring accommodation options