Families First Coronavirus Response Act: Employee Paid Leave Rights

Kevin S. Smith

Author: Kevin S. Smith

POST DATE: 3.26.20
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Late Tuesday, the United States Department of Labor released much-awaited and helpful guidance on the Families First Coronavirus Response Act (“FFCRA”), as well as guidance on other laws administered by the Department of Labor and how current issues with the Coronavirus have impacted those laws.

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CCHA attorneys shared our initial feedback on the impact FFCRA would have for employers and businesses in this blog post. Additionally, the Department of Labor's guidance is here. The following legal insights point out important pieces of content from the Department of Labor's guidance on FFCRA for employers:

  • Notice to Employees of FFCRA Rights (pages 1 to 3) Employers should use this notice to update employees. It would be appropriate for employers to send via email for now. Eventually, employers should post a hard copy in the break room or similar employee gathering area, appreciating that current circumstances with office closures and social distancing may not make a posting practical at this time.
  • FFCRA FAQs (pages 4 to 9) These FAQs provide helpful clarifications on several issues, including the hardship exemption for employers with fewer than 50 employees.
  • FFCRA General Guidance (pages 10 to 13) This is a longer version of the Notice to Employees. It covers much of the same information as the Notice and the FAQs.
  • Coronavirus and the Fair Labor Standards Act (pages 14 to 18) This document provides general guidance and FAQs on common issues involving the Coronavirus’ impact on the Fair Labor Standards Act.
  • Coronavirus and the Family and Medical Leave Act (pages 19 to 25) This document provides general guidance and FAQs on common issues involving the Coronavirus’ impact on the Family and Medical Leave Act as it existed prior to the FFCRA.

Again, please refer to the Department of Labor's guidance here.

CCHA employment attorneys continue to monitor this situation and recognize that things can change quickly. Please contact any of the CCHA labor + employment attorneys with questions.