Late yesterday, the Department of Labor issued its first FAQ at regarding the FFCRA. In that FAQ the DOL specifically states:

Question: Can my employer deny me paid sick leave if my employer gave me paid leave for a reason identified in the Emergency Paid Sick Leave Act prior to the Act going into effect?

Answer: No. The Emergency Paid Sick Leave Act imposes a new leave requirement on employers that is effective beginning on April 1, 2020.

This conflicts with guidance from the DOL and Department of Treasury issued March 20, that stated employers could “immediately” be eligible for FFCRA tax credits.

Based on the DOL’s most recent guidance, we do not recommend implementing and FFCRA paid leave until April 1.