The DOL’s Carveout for Small-Businesses Could Effect COVID-19 Expanded Leave for Employees

Under the Department of Labor’s (DOL) updated guidance, small-business employers with fewer than 50 employees may claim an exemption from the emergency paid leave provisions of the Families First Coronavirus Response Act (FFCRA). This carveout specifically applies to leave taken for reasons of child care and school closures related to COVID-19.

These small businesses are exempt from two FFCRA provisions:

  • First, small businesses do not need to provide paid sick leave due to school closure, place of care closure, or child care provider unavailability for COVID-19 related reasons.
  • Second, they do not need to provide expanded emergency paid leave under the FMLA, when doing so would jeopardize the viability of the business.

If you have believe your employer has denied you these rights or otherwise taken wrongful actions towards you related to COVID-19, please contact us at or by phone at (877) 344-4628. We remain dedicated to protecting and advancing the rights of employees and consumers.

This article is meant to be informative, and is not legal advice. Please note that state, federal, and local laws and regulations will continue to evolve as this pandemic continues. If you have questions, Nichols Kaster strongly suggests you consult an attorney.