The Department of Labor issued FAQ’s and additional guidance for employees and employers late in the day on March 24, 2020 with respect to the Families First Coronavirus Response Act. As detailed in our previous article (available here), the Families First Coronavirus Response Act includes paid emergency sick leave and paid emergency family medical leave for eligible employees. Highlights of the FAQ’s and new guidance include:
- The Act applies prospectively and NOT retroactively. This means that uses of PTO or vacation time for COVID-19 reasons prior to April 1, 2020 will be unaffected by the new leave available, and employees cannot apply the new leave to absences prior to April 1, 2020.
- The effective date of the Act is April 1, 2020. Employers and Employees should note that this is a change from the previously announced date of April 1, 2020.
- The Department of Labor has not yet provided guidance for employers with 50 or fewer employees who wish to apply from exemption from the Emergency Family Medical Leave portion of the Act.
- Employers should note that the Department of Labor has posted an “employee notice poster” on its website that all employers are required to post in a conspicuous place. You can find an electronic version of the poster here.
The full FAQ, notice, and guidance for employers can be found here. Virtus Law, PLLC continues to monitor developments in this (and other COVID-19 areas) and will continue to post relevant updates to this website.