Department of Labor Information

DOL releases additional information on small business FFCRA exemption - Updated 4/2/20
Early guidance states exemption applies to leave requirements related only to school and day care closings

Within the Families First Coronavirus Response Act (FFCRA), which takes affect today, there is an exemption option for employers with fewer than 50 employees whose business viability would be impacted due to the FFCRA employer requirements.

In DOL guidance (Q58 & Q59) released this past weekend, the exemption would relieve qualified small businesses from providing emergency paid sick leave and paid expanded family and medical leave for reasons only related to school closings and child care unavailability. All employers, even those with fewer than 50 employees, are still required to provide up to 80 hours of paid sick leave for employees under the new Emergency Paid Sick Leave Act when an employee is unable to work or telework and meet one of the criteria listed here

As part of the Families First Coronavirus Response Act (FFCRA), employers with fewer than 500 employees must post a Department of Labor (DOL) model notice informing employees of their rights to emergency paid sick leave and emergency paid family and medical leave for reasons linked to COVID-19. A summary of the legislation was provided in a previously issued Benefit Bulletin.

The DOL also posted frequently asked questions to help employers comply with the posting requirement. For employers who have employees working remotely, the DOL advises the notice be emailed, mailed or posted on an employee internal or external website. There is no requirement to provide the notice to recently laid-off individuals or new job applicants. Otherwise, the notice must be posted in conspicuous places in the workplace where employee notices are customarily posted.

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