As anticipated, earlier today the U.S. Department of Labor posted its model employee notices for FFCRA rights. A copy of the model notice is attached. Only employers subject to FFCRA must post the notice. Although the general rule is that this notice should be posted with your other workplace notices (such as FMLA), DOL acknowledges that employees may not be where they can see the notices at this time. As a result, DOL has issued guidance on the notice instructing the following:
“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.”
This does not require alternative delivery of the notices. Additional FAQs related to the notice have been posted with the notice.
Although we believe the implication of FFCRA is that an employee must ask for or otherwise avail him/herself of the leave available under FFCRA (just like any other leave, paid or unpaid), there is no guidance at this time on this point.
We encourage you to check back periodically on the DOL’s FFCRA information page for further updates: https://www.dol.gov/agencies/whd/pandemic
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