U.S. DOL Issues Additional Questions And Answers On The FFCRA Which Directly Impact Puerto Rico Employers

On March 26, 2020, the United States Department of Labor (DOL) issued additional questions and answers (Q&As) that further explain employer and employee rights and responsibilities under the federal Families First Coronavirus Response Act (FFCRA). The DOL's guidance directly impacts those private-sector employers in Puerto Rico that have closed their worksites in compliance with Executive Order OE-2020-023 (EO) issued by Governor Wanda Vázquez Garced on March 14, 2020, and had hoped to be able to provide their employees paid leave under the FFCRA. This article addresses certain Q&As that affect most employers and employees in Puerto Rico.

The EO, which will be extended until April 12, 2020, essentially requires the closing of all businesses that are not considered essential in nature, and establishes a virtual lockdown for all residents of Puerto Rico, along with a strict curfew. Under this directive, most businesses in Puerto Rico have been closed since 6:00 p.m. on March 14, 2020 and, unless again extended, will remain closed until April 12, 2020. As a result, most private-sector employees have been sent home without pay or are using available sick or vacation leave.

After the FFCRA was signed into law, the Puerto Rico Department of Labor (PRDOL) issued guidance in connection with the use of paid and unpaid leave for private-sector employees. In its guidance, the PRDOL parted from the premise that the FFCRA leave would be available to private-sector employees whose employers were subject to the closure and lockdown rules of the EO, presumably under the section of the FFCRA that provides leave when the employee "is subject to a Federal, State, or local quarantine or isolation order related to COVID-19." The Q&As issued by the DOL on March 26, 2020, however, have made clear that this is not the case.

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