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President Donald J. Trump signed into law the Families First Coronavirus Response Act (“FFCRA”) on March 18, 2020. It takes effect April 1, 2020, so you must post by that date. The FFCRA requires covered employers to provide paid leave to employees for specified reasons related to COVID-19 through two major components: (1) the Emergency Family and Medical Leave Expansion Act (“EFMLEA”) and (2) the Emergency Paid Sick Leave Act (“EPSLA”).
On March 25, 2020, the Department of Labor published posters on its website for covered employers to use to notify employees of their rights under the FFCRA. Additionally, the Department of Labor published frequently asked questions discussing how and where employers must post this Notice.
Accordingly, posting the Notice is mandatory for employers covered by the FFCRA, which are as follows:
EPSLA
· Private sector: any employer with fewer than 500 employees.
· Public sector: any employers with one or more employees.
EFMLEA
· Any employer with fewer than 500 employees.
· Employers with healthcare providers and emergency responder employees can opt-out.
Note that employers must post this Notice regardless of whether their state requires greater paid leave protections. However, employers are not required to display the Notice in multiple languages. In the event, you wish to post it in a different language, be advised that the Department of Labor is in the process of translating the Notice into other languages.
Employers must also post this Notice in a location that is easily visible to all employees. To satisfy this requirement, the Department of Labor has indicated that employers may “post” this Notice through traditional means (i.e., posting the Notice in a conspicuous place on the premises), by directly mailing the Notice to its employees, or through electronic means (i.e., via email or internal or external website).
Finally, it is a requirement that the Notice be provided for current employees only, not to former employees or applicants.
Contact Hunter Business Law for more information on how the FFCRA may affect your business.
You may also learn more about monetary caps under the FFCRA by reading our blog Breaking Down Monetary Caps Under the First Families First Coronavirus Response Act.
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