Ask the Advisor: Do We Still Have to Provide EPSL or EFMLA if We Layoff or Furlough Employees? | Employee Benefits Experts

Question:

Do we still have to provide EPSL or EFMLA if we lay off or furlough employees?

Answer:

No. Employers who are closed — either due to lack of business or a state or local order — do not have to provide these leaves because they don’t have work available. Employees who are furloughed (temporarily not working but still on the payroll) are also not entitled to these benefits. In either of these cases, employees may be eligible for unemployment insurance instead. However, employers should ensure that they are not making furlough or layoff decisions based on an employee’s request or potential need for leave, as this would likely be considered interference or retaliation (and grounds for a lawsuit).

Leave a Reply

Your email address will not be published. Required fields are marked *

Contact Us

Las Vegas

375 E. Warm Springs Rd. Suite 201
Las Vegas, NV 89119

Office: (702) 617-1777
Fax: (702) 617-1915

Reno

5985 Home Gardens Dr.
Reno, NV 89502

Office: (775) 688-4400
Fax: (755) 688-4401