Overview
For additional guidance, please refer to Steptoe's COVID-19 Resource Center.
On March 18, 2020, the Families First Coronavirus Response Act (FFCRA) was enacted to require covered employers – generally those with fewer than 500 employees – to provide up to two weeks paid sick leave and up to 10 weeks paid family and medical leave related to the COVID-19 pandemic. Click here for further detail on employers' obligations under FFCRA.
At the time of enactment, the employers' obligation to provide notice of the paid leave under the FFCRA merely provided that:
[E]ach employer shall 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 requirements described in this Act.
In retrospect, that directive makes little sense in light of the shelter in place orders across the country and posted notices at the workplace no longer seem designed to reach the majority of employees.
The FFCRA gave the Secretary of Labor seven days to make publicly available a model of notice. The model notice was released to the public on March 28, 2020, and the Department of Labor (DOL) has provided further guidance regarding the notice requirements under FFCRA through FAQ’s published on its website. Most significantly, the guidelines highlight that employers are required to post the model notice and or make it electronically available for teleworkers by April 1, 2020. In light of the imminent due date, posting the notice to a website available to employees seems the most efficacious route.
Below are some key points for employers to review and implement to ensure compliance with these notice requirements:
- Who: All employers covered under the FFCRA's paid sick leave and family and medical leave (i.e., certain public sector employers and private employers with fewer than 500 employees).
- What: Employers should use the model notice provided by the DOL. Notice does not have to be translated into other languages, although the DOL is working on translated versions of the notice.
- When: Notice must be posted and/or provided electronically by April 1, 2020.
- Where: On premises in conspicuous places such as breakrooms, lunchrooms, heavily visited areas; and remotely such as through email, intranet, external website, or direct mail.
- How to Obtain: The notice is free of charge by either downloading from here or calling 1-866-4-USWAGE (1-866-487-9243).
