Kan. County Settles DOL's COVID-19 Leave Claims

By Michael Joe
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Law360 (October 19, 2020, 10:43 PM EDT) -- A Kansas county will pay back wages to an employee wrongly denied paid sick leave to care for a child whose school closed due to the coronavirus pandemic, according to a U.S. Department of Labor settlement announcement Monday.

The settlement resolves claims by the DOL's Wage and Hour Division alleging that Leavenworth County violated the Families First Coronavirus Response Act when it denied the employee's request for paid leave, the agency said.

The DOL said the county also should not have fired the employee for allegedly misrepresenting their spouse's ability to care for their child. The county has agreed to pay nearly $5,000 for what the employee should have been paid for leave and for wrongful termination.

The DOL received the employee's claim on April 23 and efforts to reach a settlement began immediately, a spokesperson said.

The FFCRA, enacted in March in response to the coronavirus pandemic, requires certain public employers, as well as most private employers with fewer than 500 workers, to provide paid time off for reasons related to COVID-19. Among other things, it lets workers take up to 12 weeks of leave at two-thirds pay if they can't work because their child's school has closed.

The Wage and Hour Division has concluded more 2,800 cases alleging violations of the law involving more than $2.5 million in back wages due to workers, the spokesperson said. But hundreds more cases remain open and the agency is continuing to reach out to employers about how to comply.

"With thousands of parents returning to work while some schools and daycares remain closed, employers should review their obligations under this new law to avoid similar violations," Wage and Hour District Director Reed Trone said in a statement.

"Both public and private sector employers covered by the Families First Coronavirus Response Act must take all the steps necessary to comply with the law and provide employees paid leave to care for their children as required," Trone said.

A Leavenworth County attorney did not immediately respond to a request for comment.

-- Additional reporting by Braden Campbell

Update: This story has been updated to include comments from a DOL spokesperson.

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