The US Department of Labor (“DOL”) issued notice that covered employers are required to share regarding the recently passed paid sick leave provisions. That notice can be found here: https://www.dol.gov/sites/dolgov/files/WHD/posters/FFCRA_Poster_WH1422_Non-Federal.pdf
If you are an employer with fewer than 500 employees, you are covered by these new provisions subject to possible exemptions. These leave benefits become effective April 1, 2020. In addition to physically posting these notices at your work site, we recommend that you share these notices with remote workers who may be teleworking. A general summary of the coverage requirements and frequently asked questions can be found here: https://www.dol.gov/agencies/whd/pandemic
At present the DOL is soliciting questions from employers and employees as the agency prepares to draft enabling regulations to address how to implement these paid leave provisions. From the SBA website: “the U.S. Department of Labor will be hosting a national online dialogue to provide employers and employees with an innovative opportunity to offer their perspective as the Department develops compliance assistance materials and outreach strategies related to the implementation of the Families First Coronavirus Response Act (FFCRA). The ideas and comments gathered from this dialogue will inform compliance assistance guidance, resources, and tools, as well as outreach approaches, that assist employers and employees in understanding their responsibilities and rights under the FFCRA. DOL needs your input by March 29, 2020. Anybody who is interested can participate online at https://ffcra.ideascale.com from March 23 through March 29, 2020.”
As shown by this solicitation for comments and questions, there are many open questions about how an employer is to respond to requests for coverage. We will continue to update as more information becomes available in our regular communications. Our Labor and Employment group has prepared compliant policies for the new emergency sick leave and expanded Family Medical Leave provided under the Families First Coronavirus Response Act available for a small flat fee. If you would like to obtain copies of these policies, please contact any member of the Labor and Employment group listed below. Any member of the group, listed below, also is available to answer questions you may have.
Marina Blickley, [email protected]
Tom Sawyer, [email protected]
Disclaimer: The information contained herein is provided for informational purposes only and should not be construed as legal advice on any subject matter. This information contained herein is not provided in the course of an attorney-client relationship and is not intended to constitute legal advice. Any information contained in this article is not intended to be a substitute for legal counsel. No one should act or refrain from acting on the basis of any content included in this article but should instead seek the appropriate legal advice on the particular facts and circumstances at issue from a properly licensed attorney. The author expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this article. This article contains general information and may not reflect current legal developments.