Families First Coronavirus Response Act - FFCRA Quiz

The Department of Labor (DOL) regulations were issued in March and have subsequently been revised several times. When the DOL updates these FAQs, existing responses may also be updated without notice of any change.

The following quiz is based on the new regulations related to the FFCRA and intended to provide some framework around the two key parts – Emergency Paid Sick Leave (ESL) and Emergency Paid Family and Medical Leave (EFMLA). Please reference our FFCRA Flow Chart here.

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* 1. Which individuals should be counted (or not counted) in determining whether the employer has more than 500 employees?

The DOL regulations specify only full-time employees are counted.

The DOL regulations specify that both full-time and part-time employees are counted at the time the employee would take the leave.

The DOL regulations use the Affordable Care Act’s counting method for determining an Applicable Large Employer (ALE) to determine if the employer has more than 500 employees.

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* 2. An employer has 600 total employees but had to furlough 100 employees. They have another five employees who are on FMLA leave. Must the employer comply with the FFCRA?

No. The employer has more than 500 employees, with a total count of 600 employees.

Yes. The employer has fewer than 500 employees since you do not count any furloughed or laid-off workers or any employees on leave until they return to work.

No. The employer has 505 employees since they must include all employees on any type of leave.

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* 3. Must employers advise their employees about FFCRA? Check all that apply.

Employers must satisfy the notice requirement by mailing the notice to all employees’ homes.

The Department of Labor does not require employers to provide information to employees at this time.

Employers can satisfy the notice requirement by emailing or mailing the notice to employees, or posting this notice on an employee information internal or external website.

The Department of Labor will not begin enforcing the FFCRA’s provisions until after April 17. During the current grace period, employers must make reasonable, good faith efforts to comply with the Act.

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* 4. What employers are not required to offer FFCRA benefits to their employees?
Check all that apply.

Any employer who is considered a health care provider or an emergency responder may elect to exclude their employees. Note, health-care-related employers should be cautious.

Any employer with fewer than 50 employees is not required to comply with FFCRA.

School Districts are not required to comply with FFCRA.

Any employer with more than 500 employees.

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* 5. If I temporarily laid-off employees before the FFCRA went into effect, can the employees now claim they were entitled to paid time off under the FFCRA?

No. The FFCRA is not retroactive. Employees are only entitled to benefits as of April 1, 2020.

Yes. Employees who are on temporary lay-off as of the effective date of the FFCRA are entitled to benefits under FFCRA.

Yes. Employees on a temporary lay-off are absent for a qualifying reason if they are absent because their employer had to shut down due to a stay-at-home order.

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* 6. We are a technology company with 150 employees. My employee went out on FMLA leave in December of 2019 and exhausted her 12 week FMLA. She returned to work full-time and now has a diagnosis of COVID-19. Is she eligible for the paid sick leave (ESL) under the FFCRA?

No. This employee cannot receive paid sick leave (ESL) under the FFCRA.

Yes. And any remaining PTO balance would be required to be exhausted before any ESL would be received.

Yes. The employee can receive paid sick leave under the FFCRA.

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* 7. We are a single-site restaurant with about 80 employees. We are currently shut down due to my company not being deemed essential. Therefore, I am not receiving a paycheck because my employer has no work for me. Am I entitled to any paid leave under the FFCRA?

Yes. If your employer shuts down due to the COVID-19 outbreak, you are entitled to paid ESL under the FFCRA.

Yes. If you are diagnosed with COVID-19 and suspect you caught it from a work-related activity prior to the restaurant shutting down.

No. Regardless of whether an employee is furloughed or laid off if they are not employed on the day they request any such leave, then they are not eligible for paid ESL or Paid EFMLA.

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* 8. My 9-year-old’s school is closed due to a local government stay-at-home/shelter-in-place (SIP) order to close all schools. Am I entitled to any kind of paid leave under the FFCRA? I work for a manufacturer with 400 employees.

No. You must be either diagnosed with COVID-19 or experiencing symptoms and seeking a medical diagnosis for COVID-19.

Yes. You are entitled to 100% of your regular rate of pay capped at $511/day or $5,110 in total.

Yes. You are entitled to 2/3rds of your regular rate of pay capped at $200/day for capped at $2,000 for ESL and $10,000 for EFMLA for the entire leave if your child is under age 18.

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* 9. We are a non-profit company with 342 full-time employees and 300 part-time employees – a total of 642 employees. We have not had any furloughs or lay-offs. Do we need to comply with FFCRA?

Yes. All non-profit companies of any size must comply with FFCRA.

No. Non-profit companies are not required to comply with FFCRA.

No. Your company does not have fewer than 500 employees.

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* 10. We are a logistics company with nearly 400 employees. One of our employees left work in March with flu-like symptoms. She tested positive for COVID-19 and notified us on April 1st. Is she eligible for paid ESL under FFCRA?

Yes. She tested positive for COVID-19.

Maybe. It all depends on how the employer wishes to handle the leave.

No. Paid ESL is not available since the employee took her approved leave prior to April 1st.

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* 11. We are an IT company with 40 employees and must remain open to maintain our client’s server farms. We have an employee who has no known medical conditions and is afraid of coming to work and contracting COVID-19. Unfortunately, the work really can’t be done remotely. Are they eligible for paid ESL?

No. The employer has fewer than 50 employees.

Yes. The employee has a valid concern and qualifies for FFCRA paid ESL.

No. An employee’s concern for contracting the virus is not a qualifying reasons for paid ESL leave.

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* 12. The employee in Question 11 has a known immune deficiency. Is the employee eligible for any FFCRA paid leave? Check all that apply.

Yes. The employee is eligible for both paid ESL and paid EFMLA since they are vulnerable to COVID-19.

Yes. The employee is eligible for ten days of paid ESL if the employee has been advised by a health care provider to self-quarantine due to concerns related to COVID–19.

No. The employee is not eligible for paid ESL or EMFLA since entitlement is only to care for a child whose school or place of care is closed, or whose caregiver is unavailable due to COVID-19-related issues.

Caution, if the employee can work remotely as a reasonable accommodation to reduce their chances of infection during a pandemic and/or allowing the employee to take unpaid leave may be required under the Americans with Disabilities Act, or may even be FMLA eligible.

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* 13. Can I still terminate or lay off an employee eligible for leave under the FFCRA?

No. Employees should not be terminated or laid-off when they are on protected leave.

Yes. Tread carefully not to discriminate in who is selected for termination or layoff.

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* 14. What should we do if an employee discloses that their spouse has tested positive for COVID-19?

Send an email to the employee’s colleagues advising them that they should not come to work and stay at home 14 days, according to CDC guidance.

According to CDC guidance, individuals who have had close contact with a person diagnosed with COVID-19 should self-quarantine.

Employers can’t require an employee who has been exposed to the virus to stay at home.

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* 15. We are a 15 employee non-profit organization. We have three employees asking for six weeks off work because their child’s school is still closed. Do we have to provide them with time off even if they are not the primary caregiver, and no one is sick? Check all that apply.

No. Employers with fewer than 50 employees will not have comply with FFCRA.

Yes. If the employee indicates that no other suitable person is available to care for the child, then time off will be covered under FFCRA’s paid EFMLA.

No. An exemption is available only if the employer meets the criteria set forth by the DOL. For example, if the worker’s absence creates a substantial risk to the employer’s financial health.

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* 16. Must an employer retain any of the records relating to the Emergency Paid Sick Leave (ESL) or EFMLA? Check all that apply.

No. The employee must produce the required documentation only if asked by the employer, such as a signed statement.

Yes. An employer is required to retain proper documentation for four years, even if the leave was never granted.

An employer will be in compliance so long as the documentation requirements set forth by the DOL and the IRS specifically for purposes of claiming the refundable tax credits are followed.

Yes. The standard paperwork generally required for an employee requesting leave protected under the standard FMLA (e.g., notices of eligibility, rights, and responsibilities) is required for EFMLA.

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* 17. Can employers subsidize COBRA premiums for those who lose coverage due to furlough or lay-off related to COVID-19?

No. This is discriminatory and not recommended.

Yes, but the safest approach is to subsidize coverage in the same fashion for all similarly situated individuals.

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* 18. Must an Applicable Large Employer (ALE) (those employers with 50 or more full-time equivalents) offer medical coverage to employees who have a Reduction in Hours, Leave of Absence, or Furlough to avoid potential penalties under the Shared Responsibility Rules of §4980H?

No. At this time, due to COVID-19, the Federal Government has provided ALE’s relief, so they are not required to comply with §4980H.

Yes. For an ALE using the look-back measurement method, employees may remain eligible for benefits, at least for the duration of the current stability period.

No. An ALE using the look-back measurement method that has chosen not to perfectly align plan eligibility rules with the §4980H rules can offer COBRA instead.

Families First Coronavirus Response Act - FFCRA Quiz

Question Title

* 1. Which individuals should be counted (or not counted) in determining whether the employer has more than 500 employees?

Question Title

* 2. An employer has 600 total employees but had to furlough 100 employees. They have another five employees who are on FMLA leave. Must the employer comply with the FFCRA?

Question Title

* 3. Must employers advise their employees about FFCRA? Check all that apply.

Question Title

* 4. What employers are not required to offer FFCRA benefits to their employees?Check all that apply.

Question Title

* 5. If I temporarily laid-off employees before the FFCRA went into effect, can the employees now claim they were entitled to paid time off under the FFCRA?

Question Title

* 6. We are a technology company with 150 employees. My employee went out on FMLA leave in December of 2019 and exhausted her 12 week FMLA. She returned to work full-time and now has a diagnosis of COVID-19. Is she eligible for the paid sick leave (ESL) under the FFCRA?

Question Title

* 7. We are a single-site restaurant with about 80 employees. We are currently shut down due to my company not being deemed essential. Therefore, I am not receiving a paycheck because my employer has no work for me. Am I entitled to any paid leave under the FFCRA?

Question Title

* 8. My 9-year-old’s school is closed due to a local government stay-at-home/shelter-in-place (SIP) order to close all schools. Am I entitled to any kind of paid leave under the FFCRA? I work for a manufacturer with 400 employees.

Question Title

* 9. We are a non-profit company with 342 full-time employees and 300 part-time employees – a total of 642 employees. We have not had any furloughs or lay-offs. Do we need to comply with FFCRA?

Question Title

* 10. We are a logistics company with nearly 400 employees. One of our employees left work in March with flu-like symptoms. She tested positive for COVID-19 and notified us on April 1st. Is she eligible for paid ESL under FFCRA?

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* 12. The employee in Question 11 has a known immune deficiency. Is the employee eligible for any FFCRA paid leave? Check all that apply.

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* 13. Can I still terminate or lay off an employee eligible for leave under the FFCRA?

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* 14. What should we do if an employee discloses that their spouse has tested positive for COVID-19?

Question Title

* 15. We are a 15 employee non-profit organization. We have three employees asking for six weeks off work because their child’s school is still closed. Do we have to provide them with time off even if they are not the primary caregiver, and no one is sick? Check all that apply.

Question Title

* 16. Must an employer retain any of the records relating to the Emergency Paid Sick Leave (ESL) or EFMLA? Check all that apply.

Question Title

* 17. Can employers subsidize COBRA premiums for those who lose coverage due to furlough or lay-off related to COVID-19?

Question Title

* 18. Must an Applicable Large Employer (ALE) (those employers with 50 or more full-time equivalents) offer medical coverage to employees who have a Reduction in Hours, Leave of Absence, or Furlough to avoid potential penalties under the Shared Responsibility Rules of §4980H?

* 4. What employers are not required to offer FFCRA benefits to their employees?
Check all that apply.