The Federal poster regarding employee rights in reference to the Families First Coronavirus Response Act (FFCRA) that takes effect on April 1, 2020, has been released by the Department of Labor. The (Non-Federal Employee) family leave poster is available here:
The FFCRA provides partial income replacement benefits to employees working for private employers with fewer than 500 employees, if, amongst other reasons, employees are unable to work due to isolation or quarantine orders or other advisories.
The DOL states that the regular rate of pay to be used for such calculations is the average of the employee’s regular rate over a period of up to six months prior to the date on which leave is taken.
The regular rate can also be computed by totaling all compensation that is part of the regular rate over the six-month period and dividing that sum by all hours worked during that same period.
It is advised that all employers should check with their accountants to ensure that they are managing the FFCRA accurately.
Employees can not be provided 80 hours of paid sick leave for their own self-quarantine and then another 80 hours of paid sick leave for another qualifying reason.
According to the DOL, employees are entitled to two weeks—or ten days of paid sick leave for any combination of qualifying reasons. The total number of hours for paid sick leave is capped at 80 hours.
A number of social media posts have incorrectly stated the benefits accorded by the FFCRA.
Employers will receive a tax credit for paid sick leave, but small contractors who are already having cash flow issues will find it difficult, if not impossible to provide sick leave.
Q&A guidelines regarding posting the FFCRA poster
The Department has also published the following FAQs regarding the poster that must be made available to employees regarding the FFCRA.
Where do I post this notice? Since most of my workforce is teleworking, where do I electronically “post” this notice?
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.
Do I have to post this notice in other languages that my employees speak? Where can I get the notice in other languages?
You are not required to post this notice in multiple languages, but the Department of Labor (Department) is working to translate it into other languages.
Do I have to share this notice with recently laid-off individuals?
No, the FFCRA requirements explained on this notice apply only to current employees.
Do I have to share this notice with new job applicants?
No, the FFRCA requirements apply only to current employees. Employers are under no obligation to provide the notice of those requirements to prospective employees.
Do I have to give notice of the FFCRA requirements to new hires?
Yes, if you hire a job applicant, you must convey this notice to them, either by email, direct mail, or by posting this notice on the premises or on an employee information internal or external website.
If my state provides greater protections than the FFCRA, do I still have to post this notice?
Yes, all covered employers must post this notice regardless of whether their state requires greater protections. The employer must comply with both federal and state law.
I am a small business owner. Do I have to post this notice?
Yes. All employers covered by the paid sick leave and expanded family and medical leave provisions of the FFCRA (i.e., certain public sector employers and private sector employers with fewer than 500 employees) are required to post this notice.
How do I know if I have the most up-to-date notice? Will there be updates to this notice in the future?
The most recent version of this notice was issued on March 25, 2020. Check the Wage and Hour Division’s website or sign up for Key News Alerts to ensure that you remain current with all notice requirements: www.dol.gov/agencies/whd.
Our employees must report to our main office headquarters each morning and then go off to work at our different worksite locations. Do we have to post this notice at all of our different worksite locations?
The notice needs to be displayed in a conspicuous place where employees can see it. If they are able to see it at the main office, it is not necessary to display the notice at your different worksite locations.
I am running out of wall space. Can I put the required notices in a binder that I put on the wall?
No, you cannot put federal notices in a binder. Generally, employers must display federal notices in a conspicuous place where they are easily visible to all employees—the intended audience.
We have break rooms on each floor in our building. Do I have to post notices in each break room on each floor or can I just post them in the lunchroom?
If all of your employees regularly visit the lunchroom, then you can post all required notices there. If not, then you can post the notices in the break rooms on each floor or in another location where they can easily be seen by employees on each floor.