The Wage and Hour Division of the Department of Labor (DOL) has released the required notification poster for the recently-enacted Families First Coronavirus Response Act (FFCRA). As described here, the FFCRA required covered employers – which is all employers with 1 to 499 employees, to provide two different forms of paid leave to employees who are unable to work or telework for specific reasons related to the COVID-19 pandemic.
An important requirement of the FFCRA, like many federal employment laws, is that covered employers provide all employees, including new employees, with notice of their rights under the FFCRA. Each covered employer must post the Notice in a conspicuous place on its premises. Because so many workers are now working remotely, the DOL has stated that an employer may satisfy the posting requirement by emailing or direct mailing it to all employees and/or by posting in on an employee-accessed space on its internal or external website.
Employers are not required to provide the Notice to any individuals who are applying for positions or who were recently laid off, for any reason including economic conditions related to COVID-19. It must be provided, however, to all current employees including those who have been furloughed or are on another form of leave of absence.
It is possible that the DOL will revise the Notice in the next several days or weeks. Thus it is important to check the DOL’s website to make sure you are providing the most accurate version of this Notice. You may also sign up to receive news alerts from the DOL on this topic.
At this time, we believe there is little risk in waiting until March 31, 2020 to post or send the Notice to employees. This gives employers time to wait out any possible revisions to the Notice and put any plans in place for evaluating and accommodating employee requests for leave.
If you have more specific questions about the Notice requirements or any other aspect of the FFCRA, please reach out to Amy Muhlendorf at email@example.com or your usual POC at General Counsel, P.C.