This summary focuses on what the DOL regulations tell us about what kind of notice of rights employers must provide to employees, and in turn what may be required of employees in order to receive FFCRA benefits.
Employers covered by the FFCRA paid leave provisions must post a notice that explains the FFCRA’s paid leave provisions to employees. The notice must also include the Department of Labor Wage and Hour Division’s complaint filing procedures for violations of the FFCRA. An employer satisfies the notice requirement by any of the following actions:
- Posting the notice in a conspicuous place on the employer’s premises;
- Emailing the notice to employees;
- Sending the notice by direct mail to employees; or
- Posting the notice on the employer’s internal or external website.
Employers are free to post the DOL’s model notice (found on its website), duplicate the model notice’s text, or prepare their own notice so long as employer’s notice contains all of the information contained in the model notice. The notice need not be in any other language besides English. Employers must also abide by Federal and State law when providing notice to sensory impaired individuals.
Employers that are not covered by the provisions in the traditional Family and Medical Leave Act (FMLA), but are covered by the Emergency Family and Medical Leave Expansion Act (EFMLEA) satisfy their general notice obligation under the FMLA by posting the FFCRA notice.
The notice must be posted from April 1, 2020 until December 31, 2020.
FFCRA Regulations Overview
- Six Qualifying Events for Emergency Paid Sick Leave
- FFCRA Employee Eligibility, Including the “Healthcare Provider” Exemption
- Which Employers the FFCRA Applies to, and How Small Businesses Obtain an Exemption
- FFCRA Employee Notice of Need for Leave Requirements
- Continued Healthcare Coverage and the Intersection with Other Laws
- FFCRA Return to Work Issues, Employee Record-Keeping Obligations and Prohibited Acts
- Calculating the paid benefits owed under the FFCRA
- Intermittent ESL and EFMLA Leave and the Interplay Between EFMLA/ESL and the FMLA
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