On April 16, 2020, just weeks after the Family First Coronavirus Response Act (“FFCRA”) became law on March 18, 2020, a single mother sued her employer and two individual company employees in federal court in Pennsylvania claiming she was terminated for her unsuccessful attempts to utilize the FFCRA’s protected leave provisions to stay home with her son. The filing of this case should remind employers that the administration of their paid sick leave programs may invite litigation, whether justified or not, during and after the COVID-19 pandemic has subsided.
The FFCRA provides that employers with fewer than 500 employees must provide their employees with limited paid leave and job protection when unable to work (or telework) due to a need to care for their child. The FFCRA provides for an initial 2 weeks of paid leave. After this initial 2-week period of paid leave has elapsed, employees are to receive 2/3 of their regular rate of pay for the hours they would have been scheduled to work in the subsequent 10 weeks.
A brief explanation of the allegations in this recently filed lawsuit highlights some of the concerns for which employers should be on guard. The plaintiff in Jones v. Eastern Airlines Inc.,[1] this first-of-its-kind lawsuit under the FFCRA, is a former employee of Eastern Airlines. The complaint alleges that Ms. Jones, a single mother with an 11-year-old son, was “eligible for sick and paid leave under the FFCRA.” After her son’s school was closed due to the COVID-19 crisis, she first made a verbal request to her supervisor and subsequently emailed her Human Resources representative and cc’d the company’s CEO, documenting her request for leave under the FFCRA and desire for “flexibility” to telework while continuing to do her “job from home.” The complaint alleges Ms. Jones was unlawfully terminated four days later, without receiving any substantive response to her request made under the FFCRA.
The plaintiff claimed unlawful interference under the FFCRA and retaliation for her termination following the request to stay home with her son after the closure of his school. Each claim is asserted against her employer, the CEO, and the Human Resources Consultant.
Practical Takeaways
As mentioned, this recently filed lawsuit offers some reminders to employers about their obligations under the FFCRA.
- Employers should note that aggrieved employees (and former employees) are not delaying claims during this COVID-19 crisis as this virtual national lockdown continues.
- In addition to employers—individual officers— have been early targets for violations under the FFCRA.
- Correct decisions by employers in determining types of leave, lengths of leave and compensation to be paid during leave periods, will be critical in avoiding claims brought under the FFCRA.
- As employers re-open in the coming weeks and months, employers will be forced to sort through and calculate remaining employee leave balances, leave classifications, eligibility and application for the remainder of the year. Proper determinations and communication with employees will help reduce the likelihood of FFCRA violations and claims.
- Given the speed in which the FFCRA was drafted, signed into law and implemented by employers, the Jones v. Eastern Airlines Inc. lawsuit is just the opener, with many more to come.
If you have any questions, please contact:
- Larry Jensen at (248) 457-7850 or ljensen@wp.hallrender.com;
- Brian Sabey at (720) 282-2025 or bsabey@wp.hallrender.com; or
- Your regular Hall Render attorney.
Hall Render’s attorneys and professionals continue to maintain the most up-to-date information and resources at our COVID-19 Resource page, through our 24/7 COVID‑19 Hotline at (317) 429-3900 or by contacting your regular Hall Render attorney.
Hall Render blog posts and articles are intended for informational purposes only. For ethical reasons, Hall Render attorneys cannot—outside of an attorney-client relationship—answer specific questions that would be legal advice.
