Employment Practices Liability and the Families First Coronavirus Response Act
On March 18, 2020, the Families First Coronavirus Response Act (FFCRA) was signed into law to assist employees who are unable to work for specific COVID-19-related reasons. FFCRA mainly applies to certain public employers and private employers with fewer than 500 employees. Small businesses with fewer than 50 employees may qualify for exemptions. In general, FFCRA lists two main provisions for covered employees:
- Provides two weeks of paid sick leave
- Expands upon the Family and Medical Leave Act (FMLA) to provide up to 10 additional weeks of paid expanded family and medical leave
As demand to exercise these rights under the new law increases, employers can be faced with a lack of resources and guidance in understanding their duties to comply with the act. With so many varying situations, employers are left navigating through unchartered territory. Questions that may arise include:
- Who are covered employees, and how is leave taken?
- What is permissible to ask an employee about their health condition?
- What are protocols for handling COVID-19-positive employees?
- What are the notification requirements?
Failure to adhere appropriately to FFCRA and employer duties could result in significant legal ramifications. It is important, especially at this time, that employers maintain their employment practice liability (EPL) insurance to help protect their businesses or organizations from employment lawsuits.
We are here to help our Devon Park Specialty policyholders. They can access COVID-19 resources through our Business Resource Center.
For more information about Devon Park Specialty’s Executive ViewPoint management liability product, please contact your Devon Park Specialty underwriter.
As always, thank you for your support and business.
Contact and Written by Kenny Bang
Assistant Vice President, Team Leader | 888-523-5545, ext. 2923
June 4, 2020