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The U.S. Department of Labor’s Additional Guidance on the Families First Coronavirus Response Act (FFCRA)

The Department of Labor (DOL) has issued additional guidance on the FFCRA and further guidance is still forthcoming. Key components of the guidance offered include:

Effective Date

The effective date of the FFCRA’s paid leave provisions will be April 1, 2020.

Non-Enforcement Period

The DOL has indicated that it will not bring enforcement actions against any public or private employer for violations of the FFCRA occurring within 30 days of the enactment of the FFCRA, i.e. March 18 through April 17, 2020, provided that the employer has made reasonable, good faith efforts to comply with the FFCRA.

The 500 Employee Threshold

The DOL’s guidance addresses how to count employees toward the FFCRA’s 500 employee requirement. The leave provisions of the FFCRA only apply to private employers with fewer than 500 employees, and the guidance clarifies that temporary employees, employees on leave and employees of joint or integrated employers should be counted toward the 500 employee threshold. The DOL does not appear to modify the manner in which the FFCRA should apply to public institutions.

Twelve Weeks Total of Expanded Family and Medical Leave

The DOL has clarified employers’ questions regarding the interaction of paid sick leave and paid expanded family and medical leave. Employees taking leave, to care for a child, may receive a maximum of 12 weeks of paid leave. Employees may obtain two weeks of paid sick leave and up to an additional 10 weeks of paid expanded family and medical leave.

A Poster and Guidance on Use of the Poster

The DOL has provided a poster that will meet the notice requirements under the FFCRA. The poster for non-federal employees can be found at:

Employers must post the notice in a conspicuous place on the employer’s premises. Employers with employees who report to several different buildings must post all required federal notices in each building. The DOL also indicated that an employer may satisfy the notice requirement by emailing or direct mailing the notice to employees, or by posting notice on an employee information internal or external website.

More guidance from the DOL is anticipated in the coming days, and the DOL will be developing more formal regulations that address the details of the FFCRA and its applicability.

Liesl Muehlhauser




This advisory has been prepared by Carson LLP for informational purposes only and does not constitute legal advice. Copyright 2020, Carson LLP, 301 W. Jefferson Blvd. STE 200, Fort Wayne, Indiana, 46802. All rights reserved. Date of Advisory 3/27/2020.