Additional Guidance from DOL on Virus-related Leaves and Return to Work

Additional Guidance from…

The United States Department of Labor recently issued additional guidance on the Families First Coronavirus Response Act (FFCRA) and how it impacts employees returning to work. Adding to an already lengthy list of Questions and Answers, the DOL offered the following new points among others:

  • The fact that an employee who is returning to a re-opened business may need to take extended leave under FFCRA to care for children may not be used as a basis to deny recall to that employee.
  • Time spent on furlough (i.e., temporary lay-off due to plant closure or lack of work) does not count against an employee’s leave eligibility under the FFCRA.
  • While an employer may require returning employees to test negative for COVID-19 under certain circumstances, the fact that the employee used FFCRA leave is not in and of itself a basis to require a negative test to return to work.
  • Employees returning to work after taking leave under FFCRA are generally entitled to return to the same or an equivalent position. But temporary modifications, such as requiring less interaction with co-workers or telework, are permissible.

The entire set of Q&A’s can be found here. If you have additional questions or concerns about how this guidance applies to your business, contact us at or (248) 477-6300.

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