Department of Labor Releases Families First Coronavirus Response Act Guidance

The Families First Coronavirus Response Act (FFCRA) is set to take effect on April 1, 2020, and expire on December 31, 2020. On March 24, the U.S. Department of Labor (DOL) released an initial set of questions and answers (Q&As) concerning the FFCRA. The Q&As address the FFCRA’s provisions relating to new emergency paid sick leave and the expansions to the Family Medical Leave Act.

The DOL also released the FFCRA poster summarizing an employee’s rights under the Act and an accompanying set of Frequently Asked Questions (FAQs) addressing this required notice. The FAQs indicate that employers must display the FFCRA poster in a “conspicuous place on its premises” where it is easily visible to all employees. However, alternately, because most employees are now “teleworking,” employers may satisfy this “posting” requirement by emailing or direct mailing this notice to its employees, or by posting this notice on an employee information internal or external website.

While these Q&As and FAQs may be subject to additions and updates as the DOL continues to accept public comments before the law takes effect next week, they provide helpful guidance.

The DOL will soon release its regulations pertaining to the FFCRA, which will provide further substantial guidance regarding the emergency paid sick leave and FMLA expansion. In the meantime, the DOL has released a Fact Sheet for employers explaining the FFCRA and its provisions in greater detail. Our prior guidance on the topic, Federal Tax Relief to Alleviate COVID-19 Hardships, provides more detailed information regarding the FFCRA and its requirements.

For more information, please visit Yeo & Yeo’s COVID-19 Resources and Updates webpage.