COVID-19 Legal Digest: Families First Coronavirus Response Act Required Notice Alert for Covered Employers

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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.

Archer’s COVID-19 Digest, with information pertaining to various legal issues related to the pandemic, can be accessed here.

If you have any questions regarding any of the requirements of FFCRA, please contact one of the attorneys in our Labor and Employment Group or any member of Archer’s COVID-19 Task Force.

DISCLAIMER: This client advisory is for general information purposes only. It does not constitute legal or tax advice, and may not be used and relied upon as a substitute for legal or tax advice regarding a specific issue or problem. Advice should be obtained from a qualified attorney or tax practitioner licensed to practice in the jurisdiction where that advice is sought. 

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