On March 18, 2020, the U.S. Congress passed, and President Trump signed into law, the Families First Coronavirus Response Act (“FFCRA”), which is set to take effect on April 1, 2020, and expire on December 31, 2020. On March 24, 2020, the U.S. Department of Labor (“DOL”) released an initial set of questions and answers (“Q&As”) concerning the FFCRA. 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 Q&As pertaining to the FFCRA address the Act’s provisions relating to new emergency paid sick leave and the expansions to the Family Medical Leave Act. Of note, the FAQs pertaining to the required notice indicate that employers must display the FFCRA poster in a “conspicuous place on its premises” where it is easily visible to all employees. However, alternatively, because most employees are now “teleworking,” the FAQs state that 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 feedback and public comments before the law takes effect next week, they provide helpful guidance during these uncertain times.
The DOL is currently preparing, and 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: "The Families First Coronavirus Response Act: FMLA Expansions and Paid Sick Leave Extensions" also provides more detailed information regarding the FFCRA and its requirements.