DOL Issues New Employee Poster and FFCRA Guidance
By: Denise C. Davis, J.D.
On March 26th the Department of Labor announced additional guidance regarding paid sick leave and expanded family and medical leave changes under the Families First Coronavirus Response Act (FFCRA) which takes effect on April 1, 2020. Guidance includes two new posters (one poster for federal employees and one Poster for Nonfederal Employees) and an accompanying set of Notice FAQs that detail posting requirements. Notice requirements generally oblige employers to post the poster in a conspicuous place on the employer’s premises. In situations where most of the workforce is teleworking, an employer can satisfy notice requirements via emailing notice to employees, direct mail to employees, or by posting the poster on an employee information website.
The DOL also maintains a general set of FFCRA FAQs which answer questions about the FFCRA’s effect on paid sick leave and expanded family medical leave. Of particular note are answers 23-28 which clarify the scope of employee rights to paid sick leave or expanded family and medical leave. In short, where the employer has closed, put employees on furlough or leave, or has reduced the hours of employees, the affected employees may not use or receive paid sick leave or family and medical leave, barring any other applicable employer or state policies. In such cases, employees may instead be eligible for unemployment. This is true regardless of whether the closure is due to lack of business or a federal, state, or local mandate.
Additionally the DOL issued Field Assistance Bulletin No. 2020-01 which details the Wage and Hour Division’s 30-day non-enforcement policy for employers who have “made reasonable, good faith efforts to comply with the [FFCRA]” (the temporary non-enforcement period extends from March 18th through April 17th). Employers should ensure that they remain up-to-date on DOL regulations, guidance, and upcoming policy changes. For more information: https://www.dol.gov/agencies/whd
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Disclaimer: These materials are for informational purposes only and should not be construed as legal advice on any specific facts or circumstances. We recommend you consult a lawyer if you want professional assurance your interpretation of these materials is appropriate to your particular situation.
© Yoder Ainlay Ulmer & Buckingham, LLP [March 27, 2020]