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August 04, 2020

OADA Updates FFCRA Guide to Assist Dealers with Federal Emergency Paid Leave

Last week, OADA released the Human Resources Guide to the FFCRA Leave Requests to assist members in understanding the process and practical steps to take in the event an employee requests paid leave under the FFCRA. The updated version is a result of updated guidance from the Department of Labor (DOL) and the Internal Revenue Service (IRS) and generally includes:

  • Guidance on how an employee's previous FMLA leave impacts the FFCRA leave eligibility;
  • Detailed discussions on the individual criterion of the Emergency Paid Sick Leave Act and how an employee may qualify;
  • Expanded review of which deductions to paid leave are permitted according to the IRS;
  • How Qualified Health Plan Expenses plays into reimbursement procedures; and
  • More information on the reimbursement process as outlined by the IRS.

The updated guidance can be found HERE. OADA has also prepared a template leave request form that dealerships can customize to meet their individual needs. This Word document can be found HERE.

Due to the constantly updating and clarifying guidance from both the DOL and the IRS, we strongly encourage dealers to stay up-to-date on these changes by monitoring the DOL's Q&A webpage HERE and the IRS's FAQs HERE. While we believe these are useful resources for dealers, it is no substitute for your labor and employment counsel. We strongly advise consulting with your counsel prior to any adverse decision to ensure you have the best guidance possible.