Since Congress's quick passage of the Families First
Coronavirus Response Act (FFCRA) in late March, the Department of
Labor has continued to issue guidance interpreting this new law.
While the Department published its Temporary Rule on the FFCRA on
April 2, it has continued to update the Frequently Asked Questions
on its website throughout the month, providing additional
clarification on this complex new law. Below is a summary of the
major updates since the Temporary Rule was issued.
Definition of Quarantine or Isolation Order
The Department has repeatedly stated that a stay-at-home or
shelter-in-place order qualifies as a “quarantine” or
“isolation order” that could justify an
employee's request for emergency sick leave. But the
Department has also emphasized that if an employer does not have
work for an employee to perform, regardless of whether that lack of
work is due to a shelter-in-place order or some other reason, then
that employee is not entitled to
