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DOL Issues Model Notice To Employees Of Rights Under Families First Coronavirus Response Act

Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Wage & Hour

In response to the COVID-19 pandemic, Congress recently passed the Families First Coronavirus Response Act (“FFCRA”). Among other things, the FFCRA requires certain employers to provide their employees with paid sick leave and expanded family and medical leave for specified reasons related to COVID-19. Employees’ leave rights under the FFCRA apply from April 1, 2020 through December 31, 2020.

The FFCRA requires that employers “post and keep posted, in conspicuous places on the premises of the employer where notices to employees are customarily posted, a notice, to be prepared or approved by the Secretary of Labor, of the [FFCRA’s requirements].”  The FFCRA also requires the Labor Secretary to create that model notice and make it publicly available within 7 days.

Today, the Department of Labor issued that notice. The document is entitled Employee Rights: Paid Sick Leave and Expanded Family and Medical Leave Under the Families First Coronavirus Response Act, and a copy of can be found on the DOL’s website here.

The notice contains summaries of employees’ paid leave entitlement amounts, an explanation of which employees are eligible, the qualifying reasons for which employees can use the leave, and information on the DOL’s enforcement mechanisms.

Consistent with other employment law posting obligations, employers should post this DOL notice in a conspicuous place where it can be easily read throughout the workday. Employers who have employees telecommuting should post the notice in an online portal where remote workers can easily access and read it, or alternatively email or otherwise electronically transmit a copy of the document to its remote workforce.

More information about the FFCRA can be found in our previous blogs here (summary of the new law), here (tax relief for employers), here (payroll tax credit and period of non-enforcement), and here (DOL Qs & As).  If you have any questions regarding the FFCRA or the impacts of the COVID-19 pandemic on your workplace, please do not hesitate to reach out to any of our Labor and Employment attorneys for guidance.