The Departments of Labor and Treasury have issued some guidance related to the Families First Coronavirus Response Act.  Here’s what employers need to know:

  1. Poster – All covered employers must post notice of FFCRA requirements.  This is a link to a compliant poster.  Employers must hang the poster in a place where employees will see it from April 1, 2020, through December 31, 2020.  Employers can also satisfy the posting requirement by emailing or direct mailing the poster to employees or by posting the poster on an employee information internal or external website.  Additional information regarding the posting requirement can be found here
  2. Tax Credits for Employers – Employers who grant leave under the FFCRA may be entitled to tax credits.  This is a link to information released by the Treasury Department regarding the available credits.
  3. Small Business Exemption – Businesses with fewer than 50 employees may be exempt from the requirement to provide leave due to school closings or child care unavailability if the leave requirements would jeopardize the viability of the business as a going concern.  The Department of Labor has been tasked with providing regulations regarding this exemption and has stated that it expects to release the regulations in April 2020.
  4. Additional Guidance – The Department of Labor has issued the following additional guidance:
    1. Fact Sheets
      1. Employer Paid Leave Requirements
      2. Employee Paid Leave Rights
    2. Questions and Answers
      1. Families First Coronavirus Response Act
      2. COVID-19 and the Fair Labor Standards Act
  5. Lastly, here is a link to the Department of Labor’s Questions and Answers regarding the COVID-19 and the Family and Medical Leave Act

The employment law attorneys at Blethen Berens are here for you.  As a provider of critical services, Blethen Berens attorneys are available to you throughout the Shelter-in-Place order and beyond.  Please contact Julia Ketcham Corbett, Beth Serrill, Kevin Velasquez, or Alyssa Nelson with any employment law needs.