U.S. Department of Labor Issues Further Guidance on the Families First Coronavirus Response Act

March 29, 2020

The U.S. Department of Labor (“US DOL”) issued further guidance on the Families First Coronavirus Response Act (“FFCRA”) on March 26, 27, and 28, 2020.

The US DOL has supplemented its Q&A on the FFCRA to include guidance on the documentation required in order for employees to take leave and for employers to qualify for tax credits, the implications of an employer closing or placing employees on furlough, and the interaction of FFCRA leave with pre-existing employer-provided leave and unemployment benefits. The guidance also clarifies the definition of “son or daughter” in the context of eligibility under the emergency FMLA expansion and details the exemption criteria for small businesses.

The full Q&A can be found here: https://www.dol.gov/agencies/whd/pandemic/ffcra-questions

The US DOL has also published two model posters that will fulfill notice requirements for employers obligated to inform employees about their rights under this new law, one for federal employees and one for all other employees. This notice must be posted by April 1, 2020.

The poster for federal employees can be found here: https://www.dol.gov/sites/dolgov/files/WHD/posters/FFCRA_Poster_WH1422_Federal.pdf

The poster for all other employees can be found here: https://www.dol.gov/sites/dolgov/files/WHD/posters/FFCRA_Poster_WH1422_Non-Federal.pdf

Guidance on correctly posting the required notice can be found here: https://www.dol.gov/agencies/whd/pandemic/ffcra-poster-questions

The US DOL has also made available Spanish translations of its previously published fact sheets.

The Spanish translation of the “Families First Coronavirus Response Act: Employee Paid Leave Rights” fact sheet can be found here: https://www.dol.gov/sites/dolgov/files/WHD/Pandemic/FFCRA-Employee_Paid_Leave_Rights_SPANISH.pdf

The Spanish translation of the “Families First Coronavirus Response Act: Employer Paid Leave Requirements” fact sheet can be found here: https://www.dol.gov/sites/dolgov/files/WHD/Pandemic/FFCRA-Employee_Paid_Leave_Requirements_SPANISH.pdf

For more information on this issue or other employment matters, please contact:

Carol M. Goodman at +1 212 592 1465 or [email protected]
Jina Moon at +1 212 592 1584 or [email protected]
Jared D. Newman at +1 212 592 5957 or [email protected]
Meaghan Roe at +1 212 592 1632 or [email protected]
Silvia Stockman at +1 212 592 1583 or [email protected]
Heather M. Zimmer at +1 212 592 1477 or [email protected]

© 2020 Herrick, Feinstein LLP. This alert is provided by Herrick, Feinstein LLP to keep its clients and other interested parties informed of current legal developments that may affect or otherwise be of interest to them. The information is not intended as legal advice or legal opinion and should not be construed as such.