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Employers: Do you know about the FFCRA posters?
By Daniel Ritter on March 25, 2020 at 8:00 PM

FFCRA posterOn March 18, 2020, President Trump signed legislation extending to certain employees paid sick time related to COVID-19 and paid leave under the Family and Medical Leave Act (FMLA). As part of the legislation, employers must display the Department of Labor (DOL) poster notifying employees of their rights under the Families First Coronavirus Response Act (FFCRA). On March 25, 2020, the DOL published two posters, for federal and non-federal employers.

Below, please find a quick Q&A to help clarify the requirements and potential concerns:

Who is required to display the poster? Private employers with fewer than 500 employees and certain public sector employers.

Where must the poster be displayed? Employers are required to display the DOL poster in obvious places on their premises where notices to employees are usually posted. Below are a few scenarios explaining where the poster must be displayed:

  • When employees report to the headquarters each day and go off to different worksites, employers need to post the notice where employees can see it at the headquarters.
  • When employees report to multiple buildings, employers must post all required federal notices in each building.
  • When employees work on multiple floors in a building, employers need to post the notice where employees can easily see the notice on each floor, i.e. break rooms.
  • When most of the workforce is teleworking, emailing or direct mailing this notice to employees would satisfy this requirement. Also, employers can post this notice on their internal or external website to satisfy this requirement.

Does the poster need to be in other languages? Not yet. But the DOL is working to translate the poster into other languages.

Who does the employer have to share the poster with? Employers are only required to share it with current employees and new hires. The DOL’s Q&A explained that employers are under no obligation to share the notice with recently laid-off employees or applicants.

When will the next updated poster come out? The DOL has not communicated that at this time, but employers can sign up for key new alerts at www.dol.gov/agencies/whd.

If you have questions about whether your company is in compliance with the DOL’s posting requirements, please contact one of the attorneys in our Employment & Labor practice group.

Link to COVID-19 Resources page

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