Today (March 25, 2020), the United States Department of Labor (“DOL”) issued a new poster for employers to use to notify employees of their rights under the Families First Coronavirus Response Act (the “FFCRA”). The poster can be accessed at this link: https://www.dol.gov/sites/dolgov/files/WHD/posters/FFCRA_Poster_WH1422_Non-Federal.pdf.
All private employers with fewer than 500 employees are covered by the FFCRA, which provides for additional fully or partially paid sick leave to be made available to employees who need such leave for reasons related to COVID-19. The FFCRA requires all covered employers to “post and keep posted, in conspicuous places on the premises of the employer where notices to employees are customarily posted,” the DOL’s poster; however, the DOL has made clear that this requirement can be met by e-mailing the poster to employees, or by posting it on the company’s external or internal website. See https://www.dol.gov/agencies/whd/pandemic/ffcra-poster-questions.
The poster clarifies the effective date of the FFCRA, which Congress had left somewhat open. Earlier this week, the DOL declared that the FFCRA’s provisions would take effect beginning on April 1, 2020, and the poster contains this information as well as the statutory “sunset” date (the date the FFCRA expires) of December 31, 2020.
In addition, the poster notifies employees of the six circumstances under which they are entitled to leave under the FFCRA, some of which entitle employees to their full pay for ten days, up to $511 per day or $5,110 total, some of which entitle them to 2/3 of their pay for ten days, up to $200 per day or $2,000 total, and one of which (where the employee has been working for the employer for at least 30 days and has a child whose school is closed or care provider is unavailable for COVID-19 related reasons) entitles the employee to 2/3 of their pay for expanded family and medical leave for ten weeks, up to $200 daily or $12,000 total.
Finally, the poster notifies employees that their employer may not discriminate or retaliate against them for taking leave under the FFCRA, or for filing a complaint or instituting a proceeding related to the FFCRA. The poster, because it is addressed to employees, does not answer many questions employers may have regarding their obligations under the FFCRA, such as who is a “covered employer” and whether certain exceptions for health care providers may apply to them.
If you have questions relating to the new poster and posting requirements, the FFCRA, or any other issue related to employers’ options and responses to the COVID-19 pandemic, please contact William Parker (952-921-4602 or firstname.lastname@example.org) or any other attorney at Peters, Revnew, Kappenman & Anderson, P.A.