FFCRA Emergency Paid Leave Posting

Families First Coronavirus Response Act (FFCRA) Emergency Paid Leave Posting

As many of you are aware, the Families First Coronavirus Response Act (FFCRA) Emergency Paid Family & Medical Leave Act and Emergency Paid Sick Leave provisions become effective tomorrow, April 1^st.  I had hoped that the U.S. DOL would have published draft Regulations by the close of business today and prior to April 1^st to give employers an indication as to how these provisions will be administered by the U.S. DOL.  As of the time of this email, the U.S. DOL has not published anything aside from the Frequently Asked Question (FAQs).  The U.S. DOL published FIELD ASSISTANCE BULLETIN No. 2020-1 that states that they will not bring enforcement actions against any employer who is out of compliance provided they can demonstrate that they have made a reasonable good faith effort to comply with the law.  We will make sure that we notify you as soon as the draft Regulations are published to ensure your organization is compliant.

In the meantime, covered employers are required to post the Federal Employee Notice or the Non-Federal Employee Notice  in the same locations that they post similar notices by April 1, 2020.  Additionally, you can email it to your employees.   I will tell you that there is an error on the notice that I had hoped the U.S. DOL would have provided an updated notice, but none has been published thus far.  The error is in the third bullet under the section titled Paid Leave Entitlements.  The maximum total amount is $10,000 and not $12,000 as printed.  I have confirmed from the actual text in the FFCRA.  The U.S. DOL also has published FAQs relative to the posting.

If members have questions about the FFCRA or other provisions, please contact the AAA.