Job Restoration and Non-discrimination Obligations Under the FFCRA: Part Five in a Five-Part Series

    View Author April 2020

    In parts one through four of this five-part series exploring the US Department of Labor (DOL) regulations (29 CFR Part 826) interpreting the Families First Coronavirus Response Act (FFCRA), we summarized which employees are eligible for leave under the FFCRA; the reasons why an eligible employee may take job-protected emergency paid sick leave (EPSL) or paid public health emergency FMLA leave (EFMLA) for coronavirus-related reasons; the unique rules regarding how EPSL and EFMLA may be used; and how employers calculate the “regular rate of pay” in order to pay employees exercising EPSL and EFMLA leave rights.

    In this final alert in the series, we discuss employees’ rights regarding job restoration and protection against discrimination and retaliation for exercising FFCRA rights.