As addressed by our earlier alert, effective April 1, 2020, the Families First Coronavirus Response Act ("FFCRA") provides for emergency paid sick leave benefits and extended paid family leave benefits for certain employees impacted by the COVID-19 pandemic. FFCRA requires covered employers - in sum, private employers with fewer than 500 employees and most public employers - to post a notice of FFCRA requirements in a conspicuous place on the premises. The Department of Labor has issued a poster, similar to the posters providing notice of various other laws, to satisfy this requirement. The poster applicable to non-federal employers can be accessed and downloaded here.
The notice requirement can be satisfied by emailing or direct mailing this document to employees, or posting it on an employee information internal or external website. To the extent that many employers have adopted some form of remote operations in light of the COVID-19 pandemic, either by choice or by virtue of public health directives, it makes good sense to utilize some form of electronic notice, in addition to posting the document on the billboards typically used by employers to post notices on the premises.
Please note that while certain health care and emergency response providers may opt out of providing the paid leave benefits required by FFCRA, those employers are nonetheless required to comply with the notice requirements.
The notice does not need to be transmitted to recently laid-off or terminated employees or to prospective employees. There is no current requirement that the notice be posted in multiple languages.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
