DOL Issues Workplace Posters on Employees' Right to Paid Coronavirus Leave

On March 25, the U.S. Department of Labor's Wage and Hour Division published workplace posters that small and midsize employers can use to fulfill their obligations to notify employees of their rights to expanded paid sick leave and expanded paid Family and Medical Leave Act leave under the Families First Coronavirus Response Act (FFCRA).

The FFCRA, signed into law on March 18, takes effect on April 1, 2020. It gives businesses in the U.S. with fewer than 500 employees funds to provide employees with paid leave, either for the employee's own health needs or to care for family members. Eligible businesses can retain funds that they would otherwise pay to the IRS in payroll taxes, or file for a refund if what they're paying for COVID-19-required leave exceeds their payroll tax liability.

Here are links to the new posters: 

• Employee Rights: Paid Sick Leave and Expanded Family and Medical Leave under The Families First Coronavirus Response Act (FFCRA)

• Federal Employee Rights: Paid Sick Leave and Expanded Family and Medical Leave under The Families First Coronavirus Response Act (FFCRA)

Notifying At-Home Employees

The DOL addresses the fact that many employees are working from home if they are able to, while others may be at home under quarantine or furloughed. An employer may satisfy this requirement by e-mailing or direct mailing this notice to employees, or posting this notice on an employee information internal or external website. I have a "virtual" employee poster site - let me know if you would like access to that. 

Covered employers must post this notice regardless of whether their state requires greater protections, as employers must comply with both federal and state law.

Further, employers must share these notices with current employees, including new hires, but need not do so with those who have been recently laid off. Employers also have no obligation to provide the notice to prospective employees.