Does Ohio’s Stay at Home Order Trigger the FFCRA?
Although we are still waiting on official guidance from the state of Ohio, new Department of Labor (“DOL”) guidance strongly suggests that Ohio’s stay at home order is not equivalent to a state isolation or quarantine order for purposes of a qualifying reason for paid leave under the new Families First Coronavirus Response Act (“FFCRA”). Thus, employees who are unable to work thanks to Ohio’s stay at home order are not eligible for paid leave under the FFCRA and Ohio businesses should not expect to be eligible for payroll tax credits for any pay they may provide to those individuals while they are off work due to the order.
The specific questions posed in the DOL guidance are thus:
Q: If my employer closed my worksite before April 1, 2020 (the effective date of the FFCRA), can I still get paid sick leave or expanded family and medical leave?
A: No. If, prior to the FFCRA’s effective date, your employer sent you home and stops paying you because it does not have work for you to do, you will not get paid sick leave or expanded family and medical leave but you may be eligible for unemployment insurance benefits. This is true whether your employer closes your worksite for lack of business or because it is required to close pursuant to a Federal, State, or local directive.
Q: If my employer closes my worksite on or after April 1, 2020 (the effective date of the FFCRA), but before I go out on leave, can I still get paid sick leave and/or expanded family and medical leave?
A: No. If your employer closes after the FFCRA’s effective date (even if you requested leave prior to the closure), you will not get paid sick leave or expanded family and medical leave but you may be eligible for unemployment insurance benefits. This is true whether your employer closes your worksite for lack of business or because it was required to close pursuant to a Federal, State or local directive
If you have any questions about implementing the FFCRA, or any other issues related to the COVID-19 pandemic, please do not hesitate to contact one of the attorneys at FGKS Law at 937-492-1271.
