Page 11 - may-june 2020

bor or services to operate at a minimal capacity ties, including governors of the most populous
The DOL Rule provides that an “authorized” offi- states, have ordered the closure of non-essential
cer of the business may make the call on whether businesses and/or that citizens remain at home
any of these situations exists Documentation sup- except for necessary trips. The DOL Rule clarifies
porting that determination will be required that a “quarantine or isolation order” includes
shelter-in-place or stay-at-home orders (whether
Employee Eligibility for the general population or for categories of
An employee must have been on the at-risk citizens) that cause an employee to be un-
job for at least 30 days to qualify for FMLA+ paid able to work even though the employer has work
leave Although the FFCRA took effect on April for the employee to do In many instances, these
1, 2020, the DOL Rule specifies that an employ- orders allow businesses in a “critical infrastructure”
ee who was terminated or laid off on or after or “essential” sectors to remain open Their em-
March 1, 2020 is nonetheless entitled to FMLA+ ployees are therefore not unable to work due to a
paid leave if the employee is rehired by the same quarantine or isolation order
employer before the end of this year This imple-
ments an amendment that the CARES Act made Tax-Specific Provisions of the CARES Act
to the FFCRA As a reminder, the EPSLA covers all The CARES Act was signed into law by the
employees, regardless of their job tenure President of the United States on March 27, 2020
The CARES Act includes tax provisions affecting
Stay-at-Home Directives both individuals and businesses
One situation warranting paid sick leave Pre-CARES Act Changes to Tax Deadlines
under the EPSLA is that the employee is subject Prior to passage of the CARES Act, the Treasury
to a federal, state, or local quarantine or isola-
tion order relating to COVID-19 Many authori- Continued on page 12...

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11 Alabama Propane Gas Association | May / June 2020