Department of Labor Issues Additional Guidance on Mandatory Paid Leave Benefits

The U.S. Department of Labor released further guidelines on the Families First Coronavirus Response Act (FFCRA), which was signed into law on March 18 and dictates how businesses should handle paid time off requests from employees who are affected by the Covid-19 pandemic. Read a summary of the bill by visiting our blog post “New Bill Guarantees Paid Leave Benefits to Employees“.

 

TEMPORARY NON-ENFORCEMENT PERIOD

The Department of Labor is allowing 30 days to become compliant with the FFCRA, and it will not penalize violations of the Act through April 17, as long as violating employers made “reasonable, good faith efforts” to comply. The Department explains these “reasonable” violations include situations where the employer did not know they were in the wrong and then remedies those violations as soon as possible, as well as sends a written note to the Department that they will comply with the Act going forward.

Read the Department of Labor’s bulletin about the non-enforcement period.

 

REQUIRED NOTICE TO EMPLOYEES

When the FFCRA was signed into law, the Department of Labor stipulated that all qualifying employers must post a notice about the Act to employees about their right to use Emergency Paid Sick Leave and Expanded Family and Medical Leave. Now, the Department has made a model post available to employers, which you can download:

• Post for Federal Employers
• Post for Non-Federal Employers

The Department also released answers to frequently asked questions about the notice, including how to electronically “post” the notice for teleworking employees, guidelines for when you employ individuals who speak another language, and more. Read FAQs on the Department’s website.

 

QUESTIONS?

The Department of Labor provided answers to common questions and misconceptions about the Families First Coronavirus Act on its website. We encourage employers and employees to read these FAQs about the FFCRA and/or reach out to your attorney with any questions or concerns.

Follow our blog for updates as our team continues to analyze new legislation and monitor developments.

 

Note: The information contained on this page does not constitutes legal advice, and reading the information does not automatically start an attorney-client relationship. The details are meant to serve as guidance on the new law, but it is not comprehensive of all situations.