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Employers Required to Post Families First Coronavirus Response Act Notice by April 1

At the end of last week, the U.S. Department of Labor (DOL) issued a model Notice that must be posted by covered employers regarding the new Families First Coronavirus Response Act, which was signed into law by President Trump on March 18, 2020. This model Notice briefly explains, in part, the qualifying events for which employees may be entitled to leave due to the COVID-19 crisis and the related non-discrimination and non-retaliation rights. Click here for Notice

The DOL also provides a “Families First Coronavirus Response Act Notice—Frequently Asked Questions.” The FAQ guidance provides helpful information as to how and where the Notice may be posted. Click here for FAQ

With many employees working remotely during this crisis, the DOL guidance permits electronic distribution and posting of the FFCRA Leave Notice. Specifically, the DOL’s FAQ states: “Each covered employer must post a notice of the Families First Coronavirus Response Act (FFCRA) requirements in a conspicuous place on its premises. An employer may satisfy this requirement by emailing or direct mailing this Notice to employees, or posting this Notice on an employee information internal or external website.” Thus emailing the Notice to each employee or posting the Notice on the company’s internal website accessible to employees is permissible under the DOL’s guidance. Going forward, employers should also consider posting the Notice in the traditional “lunchroom” bulletin board used for other state and federal Notices required by law. 

The FFCRA goes into effect April 1, 2020, and therefore this Notice must be posted or otherwise distributed by that date by all private employers of 500 employees or less.