On March 25 the Department of Labor (“DOL”) released the Families First Coronavirus Response Act’s (FFCRA) required notice poster that will need to be posted at many workplaces. The DOL also issued a FAQ to explain employer obligations associated with the posting. Unfortunately, these publications both raise additional questions.
First, there appears to be an error on the DOL’s initial poster. The current poster indicates that the Expanded Family Medical Leave Act provides a cap of $12,000 for eligible employees, whereas the aggregate cap under the actual FFCRA is $10,000. The only way an employee can receive $12,000 is if they received 10 days of paid sick leave in accordance with the Paid Sick Leave provision of the FFCRA. The poster does not reference the distinction.
The FAQ also indicates that employers must post the notice in a conspicuous place, but that they can also satisfy the posting requirement by emailing or direct mailing this notice to employees, or posting this notice on an employee information internal or external website. This process seems to be focusing on employees who are unable to report to work because of quarantining, indicating that employers may have some obligation to notify those employees who are unable to report to work. The DOL should be issuing additional guidance on this requirement soon.
For the time being employers should hang the poster currently issued by the DOL, but continue to monitor the DOL for developing guidance. If the DOL issues a revised poster before April 1, we will update you here.
Frantz Ward has established a Coronavirus Response Team to assist clients in navigating the multitude of issues presented by the current crisis. For assistance in addressing these issues or in developing other strategies to protect your business, please contact Frantz Ward Partners Brian Kelly or Chris Koehler and they will engage the appropriate members of the response team.