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Updated Guidance on Paid Sick Leave & Expanded Medical Leave Under FFCRA

The U.S. Department of Labor’s Wage and Hour Division (WHD) announced more guidance to provide information to workers and employers about how each will be able to take advantage of the protections and relief offered by the Families First Coronavirus Response Act (FFCRA) when it takes effect on April 1, 2020.

The new guidance includes a new poster for businesses that will fulfill notice requirements for employers obligated to inform employees about their rights under this new law. It also includes questions and answers about posting requirements, and a Field Assistance Bulletin describing WHD’s 30-day non-enforcement policy. The new guidance addresses critical issues such as whether employers may post required notice electronically, whether employers must provide notice of this law to recently laid-off individuals, and when enforcement of the new rules will begin.

The guidance announced today supplements information WHD published yesterday, including a Fact Sheet for Employees, a Fact Sheet for Employers and a Questions and Answers document. Additional guidance is forthcoming.

Please note: Small businesses with fewer than 50 employees can potentially qualify for an exemption. So far, the Department of Labor has said exemptions will be available if the expanded paid leave requirements would threaten the business’ viability but hasn’t yet issued specific guidelines on who qualifies or how to apply.

Be sure to join AED for a webinar on Monday at 2:00 pm ET on FFCRA’s paid sick and medical leave provisions, and the relief provided to employees by the Coronavirus Aid, Relief and Economic Security (CARES) Act, which is expected to become law later today. Register here.

Your AED membership provides solutions and options. For additional information, please contact AED’s legal counsel at 312-506-4450.