As part of the Families First Coronavirus Response Act (FFCRA), employers with fewer than 500 employees must post a Department of Labor (DOL) model notice informing employees of their rights to emergency paid sick leave and emergency paid family and medical leave for reasons linked to COVID-19.
A summary of the legislation was provided in a previously issued Benefit Bulletin.
The DOL also posted frequently asked questions to help employers comply with the posting requirement. For employers who have employees working remotely, the DOL advises the notice be emailed, mailed or posted on an employee internal or external website. There is no requirement to provide the notice to recently laid-off individuals or new job applicants. Otherwise, the notice must be posted in conspicuous places in the workplace where employee notices are customarily posted.
While FFCRA states businesses with fewer than 50 employees may claim exemption from offering emergency paid sick leave and emergency paid family and medical leave, there is no such exemption expressed for the posting requirement.
While FFCRA paid leave provisions are effective April 1, the DOL does not state the deadline for posting the notice. Given the notice is available now, employers are advised to post and distribute as soon as reasonable, but it would stand to reason there is no requirement to post before April 1, 2020.
We will continue to send updates on this and related topics as information becomes available.