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Attn: NV Small Businesses – Don’t Assume You Are Exempt From the Paid FMLA Requirements of the Families First Coronavirus Response Act

Attention Nevada-based small businesses with less than 50 employees, do not assume you are exempt from the paid FMLA requirements of the Families First Coronavirus Response Act. The Act directly states that the U.S. Department of Labor (DOL) is empowered to exempt small businesses with fewer than 50 employees in certain circumstances.

It is our understanding that small businesses with fewer than 50 employees will be eligible for an exemption from the leave requirements relating to school closings or child care unavailability where the requirements would jeopardize the ability of the business to continue. The exemption will be available on the basis of simple and clear criteria that make it available in circumstances involving jeopardy to the viability of an employer’s business as a going concern.

The provisions will go into effect on April 2, 2020, and will expire on December 31, 2020.

See the Families First Coronavirus Act – Signed March 18, 2020

See the follow-up memo from the IRS

Secondly, help your employees understand the facts with clearly written communication pieces so all parties involved have the same expectations. HRinDemand recommends a written policy that includes the recent changes reflected in the act. Specifically, a reference to the increased need for paid sick time and paid FMLA. During this crisis, HRinDemand is offering free phone support and HR consultation. Please give us a call at 775-400-1322 or visit our blog at hrindemand.com where we are keeping a list of valuable resources specific to Nevada-based businesses.

Melissa Marsh, SPHR, SHRM-SCP, is a human resources consultant and founder of HRinDemand, a human resources company in Reno, NV, offering expert guidance and easy-to-use tools to help small businesses with employment regulations, compliance, employee relations, and company growth.


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