The recently passed Families First Coronavirus Response Act (the “Act”) requires covered employers (private employers with fewer than 500 employees and certain public sector employers) to post a notice summarizing the Act’s requirements “in conspicuous places on the premises of the employer where notices to employees are customarily posted.” The Act directed the Secretary of Labor to make a model notice publicly available.
The U.S. Department of Labor (“DOL”) issued two versions of that model notice, one for federal employees, and the other for non-federal employees. The DOL also issued an FAQ document regarding the Act’s posting requirement. The model notices and FAQ document are available here.
With respect to employees working from home, the DOL advises in the FAQ that an “employer may 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.”
The DOL’s model notice clarifies that the Act’s effective date is April 1, 2020, not April 2, 2020 as previously believed based on the Act’s language that it would become effective “not later than 15 days after the date of enactment,” which was March 18, 2020.
As Z&R previously reported here, the Act includes both The Emergency Family and Medical Leave Expansion Act (Division C of the Act) and The Emergency Paid Sick Leave Act (Division E of the Act). The DOL’s model notice advises employees of rights with respect to both paid sick leave and expanded family and medical leave. The DOL also addressed the interplay between the two paid leaves in a recent Q&A about the Act:
Q. If I am home with my child because his or her school or place of care is closed, or child care provider is unavailable, do I get paid sick leave, expanded family and medical leave, or both—how do they interact?
A. You may be eligible for both types of leave, but only for a total of twelve weeks of paid leave. You may take both paid sick leave and expanded family and medical leave to care for your child whose school or place of care is closed, or child care provider is unavailable, due to COVID-19 related reasons. The Emergency Paid Sick Leave Act provides for an initial two weeks of paid leave. This period thus covers the first ten workdays of expanded family and medical leave, which are otherwise unpaid under the Emergency and Family Medical Leave Expansion Act unless the you elect to use existing vacation, personal, or medical or sick leave under your employer’s policy. After the first ten workdays have elapsed, you will receive 2/3 of your regular rate of pay for the hours you would have been scheduled to work in the subsequent ten weeks under the Emergency and Family Medical Leave Expansion Act.
Please note that you can only receive the additional ten weeks of expanded family and medical leave under the Emergency Family and Medical Leave Expansion Act for leave to care for your child whose school or place of care is closed, or child care provider is unavailable, due to COVID-19 related reasons.
Z&R will continue to monitor the latest information governing employers and has created a resource center. Previous Z&R articles addressing employer requirements and considerations during the COVID-19 pandemic can be found here:
- Coronavirus Considerations for Employers
- Ohio Provides Some Cover for Employers and Employees in Wake of COVID-19
- Federal COVID-19 response mandates paid leave (for now)
- Application of the Worker Adjustment and Retraining Notification Act (“WARN”) to Closures Caused by the COVID-19 Pandemic
- Ohio BWC: Allows Deferment of Premium Payments and Addresses Compensability of Contracting COVID-19
- Ohio Department of Insurance Provides Coverage Flexibility for Ohio Employees in the Wake of COVID-19
- FLSA Implications for Employers Considering Reductions in Pay
- Ohio Legislature Passes Emergency COVID-19 Response Legislation
*David P. Frantz works in Z&R’s Cleveland office and regularly advises clients on all employment matters. If you have questions regarding the Families First Coronavirus Response Act or other employment-related matters, please contact David at dpf@zrlaw.com or (216)696-4441.