On March 26, the Department of Labor’s Wage and Hour Division (WHD) announced the first few rounds of published guidance to provide information to employers regarding meeting requirements to offer emergency paid sick leave and paid family medical leave through the Families First Coronavirus Response Act (FFCRA) when it takes effect on April 1, 2020.
The first set of guidance – provided in a Fact Sheet for Employees, a Fact Sheet for Employers and a Questions and Answers document – addresses critical questions, such as how an employer must count the number of their employees to determine coverage; how small businesses can obtain an exemption; how to count hours for part-time employees; and how to calculate the wages employees are entitled to under this law. The most important document for employers is the Q&A’s.
The second set of guidance includes two new posters, one for federal workers and one for all other employees, 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, when FFCRA applies to federal workers and when enforcement of the new rules will begin.
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