WAGE AND HOUR DIVISION

UNITED STATES DEPARTMENT OF LABOR

1-866-487-9243

dol.gov/agencies/whd

The Families First 

Coronavirus Response 

Act (FFCRA)
WAGE AND HOUR DIVISION

UNITED STATES DEPARTMENT OF LABOR

1-866-487-9243

dol.gov/agencies/whd

Disclaimer

• The presentation is intended as general information only and does not carry the force 

of legal opinion.

• The Department of Labor is providing this information as a public service. This 

information and related materials are presented to give the public access to 

information on Department of Labor programs. You should be aware that while we try 

to keep the information timely and accurate, there will often be a delay between official 

publications of the materials and the modification of these pages. Therefore, we make 

no express or implied guarantees. The Federal Register and the Code of Federal 

Regulations remain the official sources for regulatory information published by the 

Department of Labor. We will make every effort to keep this information current and to 

correct errors brought to our attention.
WAGE AND HOUR DIVISION

UNITED STATES DEPARTMENT OF LABOR

1-866-487-9243

dol.gov/agencies/whd

• Signed into law March 18, 2020

- Emergency Paid Sick Leave Act (EPSLA)

- Emergency Family and Medical Leave Expansion Act (EFMLEA)

• Effective April 1, 2020

• Expires December 31, 2020

• Enforced by the U.S. Department of Labor Wage and Hour Division (WHD)

Family First Coronavirus Response Act (FFCRA)
WAGE AND HOUR DIVISION

UNITED STATES DEPARTMENT OF LABOR

1-866-487-9243

dol.gov/agencies/whd

FFCRA Requirements

• Coverage

• Employee Eligibility

• Qualifying Reasons for Leave

• Number of Weeks and Hours of Leave Available

• Calculation of Pay
WAGE AND HOUR DIVISION

UNITED STATES DEPARTMENT OF LABOR

1-866-487-9243

dol.gov/agencies/whd

FFCRA – Employer Coverage

• Private Sector

– Employers of fewer than 500 employees

– Including not for profit employers

• Public Agencies

– Regardless of the number of employees they employ
WAGE AND HOUR DIVISION

UNITED STATES DEPARTMENT OF LABOR

1-866-487-9243

dol.gov/agencies/whd

FFCRA - Counting Employees

• Employer does not count employees working outside the U.S., U.S. 

territories, or D.C.

• Full-time AND part-time employees are counted

• Employees who are working and on leave are counted

• Temporary employees who are jointly employed are counted

• Day laborers supplied by a temporary agency are counted

• Count is made when employee leave is initiated
WAGE AND HOUR DIVISION

UNITED STATES DEPARTMENT OF LABOR

1-866-487-9243

dol.gov/agencies/whd

FFCRA – Employee Layoffs

• FFCRA requirements are not applicable prior to April 1, 2020

• If a business closes after April 1, but before an employee takes leave, 

FFCRA requirements do not apply except to the days from April 1 to the 

date employees are laid off 

• If a business is open but lays off part of its workforce, employees who 

are laid off or furloughed are not entitled to leave under the FFCRA 
WAGE AND HOUR DIVISION

UNITED STATES DEPARTMENT OF LABOR

1-866-487-9243

dol.gov/agencies/whd

FFCRA - Employer Notice Requirement

• Poster must be conspicuously posted, may be distributed online, posted 

on employer website, directly mailed or e-mailed to employees

– Does not have to be visible to job applicants

• DOL Spanish and English FFCRA posters available online at 

www.dol.gov/whd

– Translation not required 
WAGE AND HOUR DIVISION

UNITED STATES DEPARTMENT OF LABOR

1-866-487-9243

dol.gov/agencies/whd

FFCRA - Exclusion of Health Care 

Providers and Emergency Responders

Employers may exclude employees who are either:

• Health Care Providers, or

• Emergency Responders
WAGE AND HOUR DIVISION

UNITED STATES DEPARTMENT OF LABOR

1-866-487-9243

dol.gov/agencies/whd

FFCRA –

Exclusion of Health Care Providers

Health care provider—

• Any Employee who is a health care provider under 29 CFR 825.102 and 

825.125, or;

• Any other Employee who is capable of providing health care services, 

meaning he or she is employed to provide diagnostic services, 

preventive services, treatment services, or other services that are 

integrated with and necessary to the provision of patient care and, if not 

provided, would adversely impact patient care.
WAGE AND HOUR DIVISION

UNITED STATES DEPARTMENT OF LABOR

1-866-487-9243

dol.gov/agencies/whd

FFCRA - Exclusion of Emergency 

Responders

Emergency Responder is:

• Anyone necessary for transport, care, healthcare, comfort and nutrition of such 

patients, or others needed for the response to COVID-19.

• Includes military or national guard, law enforcement officers, correctional 

institution personnel, fire fighters, emergency medical services personnel, 

physicians, nurses, public health personnel, emergency medical technicians, 

paramedics, emergency management personnel, 911 operators, public works 

personnel, and persons with skills or training in operating specialized equipment 

or other skills needed to provide aid in a declared emergency, as well as 

individuals who work for such facilities employing these individuals and whose 

work is necessary to maintain the operation of the facility. 
WAGE AND HOUR DIVISION

UNITED STATES DEPARTMENT OF LABOR

1-866-487-9243

dol.gov/agencies/whd

FFCRA - Small Business Exemption

Applies to:

• Small businesses with fewer than 50 employees, AND

• Employee’s leave is to care for his or her child whose school or place of 

care is closed (or child care provider is unavailable), but only if

• Requirements of the FFCRA jeopardize business viability
WAGE AND HOUR DIVISION

UNITED STATES DEPARTMENT OF LABOR

1-866-487-9243

dol.gov/agencies/whd

FFCRA - Small Business Exemption:

Employer Determines

No application process - exemption applies if employer determines:

• Leave would result in expenses and financial obligations exceeding available business 

revenues and cause the small business to cease operating at a minimal capacity

• Employee’s absence would entail a substantial risk to the financial health or operational 

capabilities of the business because of the employee’s specialized skills, knowledge of the 

business, or responsibilities; OR

• Insufficient employees able, willing, and qualified at time and place needed to perform labor 

or services provided by the employee, and these labor or services are needed for business to 

operate at a minimal capacity.
Emergency Paid Sick 

Leave Act (EPSLA) 

Under the FFCRA
WAGE AND HOUR DIVISION

UNITED STATES DEPARTMENT OF LABOR

1-866-487-9243

dol.gov/agencies/whd

Emergency Paid Sick Leave Act (EPSLA)

Benefit Basics:

• Six qualifying COVID-19 related reasons for job-protected leave

• During leave, continuation of health insurance

• Entitlement to paid sick leave over a 2-week period

– Full-time employees, based on their schedule, up to 80 hours

– Part-time employees, hours based on their schedule
WAGE AND HOUR DIVISION

UNITED STATES DEPARTMENT OF LABOR

1-866-487-9243

dol.gov/agencies/whd

EPSLA – Employee Eligibility

• All employees who work for covered employers are eligible

• Covered employers

– Private sector employer with fewer than 500 employees

– Public sector employers

• All federal employees are generally eligible for EPSLA leave; 

however, OMB has authority to exclude certain federal employees
WAGE AND HOUR DIVISION

UNITED STATES DEPARTMENT OF LABOR

1-866-487-9243

dol.gov/agencies/whd

EPSLA – Qualifying Reasons for Leave 

(Reasons 1 – 3)

An employee is entitled to take leave under the EPSLA if the employee is unable to work or 

telework because the employee:

1) Is subject to a federal, state, or local quarantine or isolation order related to COVID-19,

2) Has been advised by a health care provider to self-quarantine due to concerns related to 

COVID-19, 

3) Is experiencing COVID-19 symptoms and seeking a medical diagnosis,
WAGE AND HOUR DIVISION

UNITED STATES DEPARTMENT OF LABOR

1-866-487-9243

dol.gov/agencies/whd

EPSLA – Qualifying Reasons for Leave

(Reasons 4 – 6)

(Continued) An employee is entitled to take leave under the EPSLA if the employee is 

unable to work or telework because the employee:

4) Is caring for an individual subject to a federal, state, or local quarantine or isolation order 

related to COVID-19, or who has been advised by a health care provider to self-quarantine 

due to concerns related to COVID-19,

5) Is caring for his or her child whose school or place of care is closed (or child provider 

is unavailable) due to COVID-19 precautions, or

6) Is experiencing any other substantially-similar condition specified by the U.S. Department of 

Health and Human Services
WAGE AND HOUR DIVISION

UNITED STATES DEPARTMENT OF LABOR

1-866-487-9243

dol.gov/agencies/whd

EPSLA – Duration of Leave

Two-week period

– Full-time employees may use up to 80 hours

– Part-time employees may use a number of hours equal to the number of hours 

they work, on average, over a 2-week period
WAGE AND HOUR DIVISION

UNITED STATES DEPARTMENT OF LABOR

1-866-487-9243

dol.gov/agencies/whd

EPSLA – Required Rate of Pay

The applicable rate of pay is the highest applicable wage rate, either the:

– Employee’s regular rate of pay, 

– FLSA minimum wage, or

– Highest applicable state or municipal minimum wage
WAGE AND HOUR DIVISION

UNITED STATES DEPARTMENT OF LABOR

1-866-487-9243

dol.gov/agencies/whd

EPSLA – Paid Leave, 100% Calculation

(Reasons 1 – 3) 

• The employee is due 100% the required rate of pay for leave hours taken because the 

employee:

– Is subject to a federal, state, or local quarantine or isolation order related to COVID-19,

– Has been advised by a health care provider to self-quarantine related to COVID-19, or

– Is experiencing COVID-19 symptoms and is seeking a medical diagnosis

• Total pay capped at $511 per day or $5,110 in total
WAGE AND HOUR DIVISION

UNITED STATES DEPARTMENT OF LABOR

1-866-487-9243

dol.gov/agencies/whd

EPSLA – Paid Leave, Two-Thirds Cacluation

(Reasons 4 - 6)

• The employee is due two-thirds of the required rate of pay for leave hours taken because the 

employee:

– Is caring for an individual subject to a federal, state, or local quarantine or isolation order 

related to COVID-19,

– Is caring for his or her child whose school or place of care is closed (or child care provider is 

unavailable) due to COVID-19 related reasons, or

– Is experiencing any other substantially-similar condition specified by the U.S. Department of 

Health and Human Services. 

• Total pay capped at $200 per day or $2,000 in total
Emergency Family 

and Medical Leave 

Expansion Act (EFMLEA)

Under the FFCRA
WAGE AND HOUR DIVISION

UNITED STATES DEPARTMENT OF LABOR

1-866-487-9243

dol.gov/agencies/whd

Emergency Family and Medical Leave 

Expansion Act (EFMLEA)

Benefit Basics:

• Employee can only use EFMLEA leave to care for his or her son or 

daughter whose school or place of care is closed (or child care provider 

is unavailable) due to COVID-19 related reasons 

• Up to 12 workweeks of job-protected leave, with continuation of health 

insurance

• Initial 2 weeks unpaid

• Remaining 10 weeks paid at two-thirds the employee’s regular rate of 

pay
WAGE AND HOUR DIVISION

UNITED STATES DEPARTMENT OF LABOR

1-866-487-9243

dol.gov/agencies/whd

EFMLEA - Employee Eligibility 

All employees, including full-time and part-time employees, of covered 

employers are eligible for EFMLEA if they have been employed by their 

employer for at least 30 calendar days.

• Reminders:

– Private sector employers, including not for profit employers, are covered if they 

employ fewer than 500 employees

– Public agencies are covered regardless of the number of employees they employ 

• Federal employee eligibility notes – employees under Title I of the FMLA are 

eligible under EFMLEA; OMB has authority to exclude certain federal 

employees
WAGE AND HOUR DIVISION

UNITED STATES DEPARTMENT OF LABOR

1-866-487-9243

dol.gov/agencies/whd

EFMLEA – Qualifying Reason for Leave

There is only one qualifying reason for leave under the 

EFMLEA: Employee leave to care for his or her child whose 

school or childcare provider is closed or unavailable for 

reasons related to COVID-19
WAGE AND HOUR DIVISION

UNITED STATES DEPARTMENT OF LABOR

1-866-487-9243

dol.gov/agencies/whd

EFMLEA – Unpaid and Paid Leave Periods

• Initial two weeks of EFMLEA leave is “unpaid”

– Employee may choose to use paid sick leave under the EPSLA, or 

accrued paid time under their employer benefits package, at the 

same time as unpaid EFMLEA leave

• Up to 10 weeks paid leave available 

– Hours of leave are paid at two-thirds the employee’s regular rate of 

pay 

– Employer does not have to pay more than $200 a day or $10,000 

total under EFMLEA
WAGE AND HOUR DIVISION

UNITED STATES DEPARTMENT OF LABOR

1-866-487-9243

dol.gov/agencies/whd

EFMLEA Leave – Interaction with the 

FMLA

This is a new leave reason under the FMLA, not more weeks

– An employee who has already used 12 weeks of leave under the 

FMLA is not able to use EFMLEA leave
WAGE AND HOUR DIVISION

UNITED STATES DEPARTMENT OF LABOR

1-866-487-9243

dol.gov/agencies/whd

FFCRA Resources

• Families First Coronavirus Response Act: Employee Paid Leave Rights - Also available in Spanish 

• Families First Coronavirus Response Act: Employer Paid Leave Requirements - Also available in Spanish 

• Families First Coronavirus Response Act: Questions and Answers

• Field Assistance Bulletin (FAB) No. 2020-1

• (Poster) Employee Rights: Paid Sick Leave and Expanded Family and Medical Leave under The Families 

First Coronavirus Response Act (FFCRA) - Also available in Spanish

• Families First Coronavirus Response Act Notice - Frequently Asked Questions

• (Poster) Federal Employee Rights: Paid Sick Leave and Expanded Family and Medical Leave under the 

Families First Coronavirus Response Act - Also available in Spanish

• WHD-COVID19@dol.gov - Email address for questions

• WHD Community Outreach Staff Contact Information