Last week we emailed clients information about the new Family First Coronavirus Response Act (FFCRA). The language of the Act states that the leave provisions take effect “not later than 15 days after the date of enactment.” The Act was passed on March 18, 2020. Sources had interpreted this language to mean the Act would take effect on April 2, 2020.
The new guidance from the DOL clarifies that the leave requirements take effect April 1 and will apply to leave taken between April 1, 2020 and December 31, 2020.
The new guidance also includes a fact sheet for employees, a fact sheet for employers and a Q&A document. The department also provided model workplace posters for nonfederal employers and federal employers that employers must post and keep posted, in conspicuous places on their premise where notices to employees are customarily posted.
The DOL also released some frequently asked questions about posting the notice:
1. Where do I post this notice? Since most of my workforce is teleworking, where do I electronically “post” this notice?
Each covered employer must post a notice of the Families First Coronavirus Response Act (FFCRA) requirements in a conspicuous place on its premises. An employer may satisfy this requirement by emailing or direct mailing this notice to employees, or posting this notice on an employee information internal or external website.
2. Do I have to post this notice in other languages that my employees speak? Where can I get the notice in other languages?
You are not required to post this notice in multiple languages, but the Department of Labor (Department) is working to translate it into other languages.
3. Do I have to share this notice with recently laid-off individuals?
No, the FFCRA requirements explained on this notice apply only to current employees.
4. Do I have to share this notice with new job applicants?
No, the FFRCA requirements apply only to current employees. Employers are under no obligation to provide the notice of those requirements to prospective employees.
5. Do I have to give notice of the FFCRA requirements to new hires?
Yes, if you hire a job applicant, you must convey this notice to them, either by email, direct mail, or by posting this notice on the premises or on an employee information internal or external website.
6. If my state provides greater protections than the FFCRA, do I still have to post this notice?
Yes, all covered employers must post this notice regardless of whether their state requires greater protections. The employer must comply with both federal and state law.
7. I am a small business owner. Do I have to post this notice?
Yes. All employers covered by the paid sick leave and expanded family and medical leave provisions of the FFCRA (i.e. certain public sector employers and private sector employers with fewer than 500 employees) are required to post this notice.
More frequently asked questions can be found here.
If you have any questions on the new Federal legislation, please contact Caroline Organ, Director of Human Resources at 854-5034 or cmo@bspcpa.com