U.S. Department of Labor Issues Workplace Poster on Employees’ Rights to Protected and Paid Leave under the Families First Coronavirus Response Act

In COVID-19 Information Hub by Coolidge Wall

On March 25, 2020, the U.S. Department of Labor (“DOL”) Wage and Hour Division (“WHD”) released a workplace poster detailing employees’ rights to expanded medical leave and paid sick leave under the Families First Coronavirus Response Act (FFCRA).

The DOL poster can be located here: https://www.dol.gov/sites/dolgov/files/WHD/posters/FFCRA_Poster_WH1422_Federal.pdf

This poster must be posted by all covered employers (employers with fewer than 500 employees) in frequently used common areas, on or before the effective date of the FFCRA, in order to satisfy the notice obligations under the new federal law. Covered employers must ensure that the FFCRA notice is posted in a conspicuous place on its premises by April 1, which is the newly effective date of the FFCRA pursuant to DOL guidance.

The poster must also be placed in an employer’s stand-alone facilities or worksite locations, if applicable.

Employers are recommended to place this poster in common areas and breakrooms where the employer already places notices regarding employee labor rights under state and federal laws.

Additionally, the notice requirements of the FFCRA may be satisfied by emailing or direct mailing the poster to all employees or publishing the poster on an internal or external website used to provide information to employees.

In conjunction with releasing the poster, the DOL has also published a new FAQ page related to commonly asked questions pertaining to the poster publication and notice requirements under the FFCRA.

The DOL FAQ page related to the posting requirements can be located here: https://www.dol.gov/sites/dolgov/files/WHD/posters/FFCRA_Poster_WH1422_Federal.pdf

The DOL recognizes that many employers currently have much of their workforce working from home. As a result, the DOL recommends in its FAQ publication that those employers publish the poster either on a website accessible to employees or sending the poster to employees directly by ordinary mail or email.

The Labor and Employment lawyers at Coolidge Wall will post additional analysis about employer responsibilities under the Families First Coronavirus Response Act, as well as information updates on other federal and state developments related to the coronavirus outbreak. Should you have specific questions, please contact us.

Contributing attorneys:

Marc L. Fleischauer
David P. Pierce
Benjamin A. Mazer

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