The Department of Labor published on Wednesday March 25th the required poster for employers under the Families First Coronavirus Response Act (“FFCRA"). The version released on March 25th contained an error as it left off the pay requirement with respect to paid sick leave for reason 5 (school closings) and then claimed the additional 10 weeks of pay under the expanded FMLA was capped at $12,000 instead of $10,000. DOL noted its error and has issued a new version, correctly noting that an employee may be eligible for up to 12 weeks of paid leave for school closings (i.e., 2 weeks under the paid sick leave provisions and 10 weeks under the Emergency FMLA provisions). The current version of the poster can be found here. If you downloaded the version on March 25th, please be sure to download the corrected version for posting.

In addition, the DOL issued FAQs concerning the poster, which can be found here.

One initial question many employers asked upon seeing the notice was about timing. While the Department of Labor (DOL) did not indicate the date by which employers would need to post the notification, it would stand to reason that there is no requirement to post it before April 1, 2020, the effective date of the Act.

Conway, Olejniczak & Jerry will continue to monitor the rapidly developing COVID-19 situation and provide updates as appropriate.

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Written By:
Attorney Jodi Labs

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