CARES Act Temporary Rule For Paid Sick Leave And Expanded FMLA

The Department of Labor has released its temporary rule implementing the Paid Sick Leave ("PSL") and expanded FMLA ("eFMLA") provisions of the Families First Coronavirus Relief Act.  Some highlights are as follows.

• Definition of Child Care Provider: Almost anyone can be a "Child Care Provider" for purposes of FFCRA leave. The definition includes not only day care centers and group homes, but also individual providers (who need not be licensed, or even compensated, if the provider is a family member, friend, or neighbor who regularly cares for the child).  Thus, an employee who relies on a neighbor or friend to provide childcare may be eligible for PSL and eFMLA if the neighbor or friend cannot perform those services due to COVID-19-related reasons.