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Small Business Guide to DOL Guidance on Coronavirus-Related Paid Leave


Learn the Basics

  • Assuming I am a covered employer, which of my employees are eligible for paid sick leave and expanded family and medical leave? • See Question 38
  • Who is a covered employer that must provide paid sick leave and expanded family and medical leave under the FFCRA? • See Question 39
  • Who is a full-time employee under the Emergency Paid Sick Leave Act? • See Question 48
  • Who is a part-time employee under the Emergency Paid Sick Leave Act? • See Question 49
  • Which employees are exempt from the leave requirements as “health care providers” and “emergency responders”? • See Questions 55, 56 and 57
  • How do I learn more about the small business exemption? • See Question 58 & 59
  • If I am a staffing company, how do I count internal workers and staffed workers under the FFCRA? • See Question 74
  • Will DOL begin enforcing FFCRA immediately? • See Question 78
  • Does the non-enforcement position mean businesses do not need to comply with the FFCRA from the effective date of April 1, 2020 through April 17, 2020? • See Question 79

Calculating Employee Hours and Pay:

  • How do I count hours worked by a part-time employee for purposes of paid sick leave or expanded family and medical leave? • See Question 5
  • When calculating pay due to employees, must overtime hours be included? • See Question 6
  • Are the paid sick leave and expanded family and medical leave requirements retroactive? • See Question 13
  • How much do I pay a seasonal employee with an irregular schedule for each day of paid sick leave or expanded family and medical leave that he or she takes? • See Question 75
  • May I supplement or adjust the pay mandated under the FFCRA with paid leave that the employee may have under my paid leave policy? • See Question 32
  • If I want to pay my employees more than they are entitled to receive for paid sick leave or expanded family and medical leave, can I do so and claim a tax credit for the entire amount paid to them? • See Question 34
  • May I require my employee to take paid leave he or she may have under my existing paid leave policy concurrently with expanded family and medical leave under the FFCRA? • See Question 33

Poster Requirements:

  • I am a small business owner. Do I have to post this notice? • See Question 7
  • Do I have to pay for notices? • See Question 10
  • Where do I post this notice? Since most of my workforce is teleworking, where do I electronically “post” this notice? • See Question 1
  • Do I have to post this notice in other languages that my employees speak? Where can I get the notice in other languages? • See Question 2

Other Resources for Employers:



The information contained in the Coronavirus Update webpage is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.


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