DOL Issues Guidance on the Families First Coronavirus Response Act

The Department of Labor (DOL) recently released initial guidance clarifying several provisions of the Families First Coronavirus Response Act (FFCRA). Since then, DOL provided a model notice, along with some guidance for handling the notice requirements. DOL has also updated their FAQs to address many more items as described below. 

Model Notice
Public employers (of all sizes) and private employers with less than 500 employees are required to comply with the new Emergency Paid Sick Leave Act and Expanded FMLA requirements that are going into effect April 1, 2020. These employers are also required to provide employees with information about paid leave. 

As with other DOL posters (e.g. FMLA and USERRA), the general requirement is that employers must post the notice in a conspicuous location on their premises. However, DOL recognizes that many employees are not working onsite under the current circumstances. Therefore, employers can also satisfy the requirement by making the notice is available on their website, mailing it, or emailing it to employees.

Updated FAQs
The original FAQ document includes 14 questions and answers on some paid leave requirements, such as the effective date (April 1, 2020) and how to count employees for purposes of the 500-employees threshold. DOL has since added substantially to the FAQs. The additions provide helpful clarification on the following items, among other things:

• Documentation requirements for employees requesting paid leave
• The availability of paid leave for employees who are permitted to telework
• The availability of paid leave for employees who are furloughed or laid off
• When intermittent paid leave may be available
• The ability for employees to supplement paid leave with other employer-provided paid leave
• Continuation of group health benefits during and after paid leave

There are certainly still questions to be answered, and we expect DOL to continue providing guidance over the next couple of weeks. However, the FAQ document provides some direction for employers who are preparing to comply with these new paid leave requirements. 

Enforcement
DOL has promised some flexibility around enforcement through April 17, 2020, indicating that they prefer to work with employers to help them understand and comply with the requirements. Employers will not be penalized for failing to comply during this period if they are making reasonable, good faith efforts to comply.