On April 1, 2020, the U.S. Department of Labor (DOL) issued a temporary rule to implement the Public Health and Emergency and Paid Leave Provisions. There are several areas in the regulations that had not previously been addressed in detail, including the type notice an employee must provide the employer, the documentation the employer may require the employee to provide as to the need for such leave, recordkeeping, and the determination of whether the employer meets the small employer exemption. The most important particulars of the regulations are summarized below:
1. Employees subject to the new family and medical leave and paid leave provisions may not take paid leave where the employer does not have work for the employee available.
2. Employees subject to a quarantine or isolation order that are able to telework, and therefore may not take paid sick leave if: (a) the employer has work for the employee to perform; (b) the employer permits the employee to perform the work from another location; and (c) there are no extenuating circumstances that prevent the employee from performing that work.