COVID-19: DOL Releases Posting Notice and FAQ for Emergency FMLA and Paid Sick Leave Benefits

The federal Department of Labor (“DOL”) has released a posting notice for the new leave benefits under the Families First Coronavirus Response Act, which are applicable to employers with less than 500 employees (“Covered Employers”) effective April 1, 2020.

Covered Employers are required to post this notice immediately where employment-related notices are normally posted.  If the physical workplace is closed, and employees are working remotely, the notice should be posted on the business's internal website and emailed (or mailed) to each employee.

The DOL posting notice is located here.

The DOL has also released an FAQ with useful information about the new leave benefits under the Families First Coronavirus Response Act, which is located here.

Importantly, this FAQ clarifies that these new laws will take effect on April 1, 2020 (not April 2, 2020 as previously thought).

This FAQ also clarifies that whether an employer has less than 500 employees is determined as of the date the employee’s requested leave is to begin.  This is a crucial fact for employers who presently have more than 500 employees, but who anticipate significant layoffs bringing them below that number after April 1, 2020.

Finally, the DOL has issued a Field Assistance Bulletin stating that it will not bring enforcement actions for violations of the Families First Coronavirus Response Act until April 17, 2020, if it determines that an employer who is not in compliance has made a reasonable, good faith effort to comply with its requirements.  The Field Assistance Bulletin is located here

Melissa Calhoon Jones, chair of the labor and employment group, counsels companies on employment, labor, and immigration issues.  For more information about these new amendments and other employment concerns, please contact her.

This has been prepared by Tydings for informational purposes only and does not constitute legal advice.