We wanted to make you aware of two developments with respect to the Families First Coronavirus Response Act (“the Act”). First, we earlier reported that the Act would go into effect on April 2, 2020, based on statutory language that the Act would go into effect no later than 15 days after enactment. Based on guidance from the Department of Labor, the paid leave provisions of the Act are effective April 1, 2020 and apply to qualifying leaves taken between April 1, 2020 and December 31, 2020. See https://www.dol.gov/newsroom/releases/whd/whd20200324 and the Frequently Asked Questions cited in the release.
In addition, the Department of Labor also has issued the mandatory notice poster required under the Act, available at https://www.dol.gov/agencies/whd/pandemic/ffcra-poster-questions.While the Act specifies that the notice must be posted on the employer’s premises, recognizing that many employees are working remotely, the Department of Labor’s guidance specifies that employers may satisfy the posting requirement by emailing or direct mailing the notice to employees, or by posting it on an employee information internal or external website. The Department of Labor guidance also states that the notice need not be given to employees who have recently been laid off, but only to current employees. It does need to be given to any new hires, although not to job applicants.
If you have questions on this or any other employment law issues, including any other issues surrounding the COVID-19 pandemic, please feel free to contact S. Whitney Rahman at email@example.com or (717) 509-7237, Grace C. Nguyen Bond at firstname.lastname@example.org or (717) 509-7226, or Jill M. Laskowitz at email@example.com or (717) 509-7261.
**This update is provided for informational purposes only and
should not be construed as legal advice or as creating an
attorney-client relationship where one does not already exist.**