U.S. Department of Labor Issues Workplace Notice and Guidance

March 27, 2020

The U.S. Department of Labor (USDOL) requires all employers to post a notice in a workplace with regard to emergency paid sick leave and the expansion on FMLA for coronavirus related reasons. This poster should be posted immediately, even if the employer anticipates filing for an exemption from this law. The poster is available at this link: https://www.dol.gov/sites/dolgov/files/WHD/posters/FFCRA_Poster_WH1422_Non-Federal.pdf.

Employees no longer at a central location or working from home, employers may mail or email these notices to employee in addition to posting in a central location where employees gather in order to satisfy the posting requirement. The USDOL has provided a FAQ to answer employer questions on where to post this notice in the workplace, and they can be found here: https://www.dol.gov/agencies/whd/pandemic/ffcra-poster-questions.

Additionally, the USDOL has provided additional guidance on the Emergency Paid Sick Leave and the FMLA leave for child care due to coronavirus reasons. This is also presented in an FAQ format and can be found here: https://www.dol.gov/agencies/whd/fmla/pandemic. While we are still waiting for regulations with regard to both the FMLA and emergency leave provisions, the new federal emergency sick leave law and FMLA leave for child care appears to be in addition to any other employer provided benefits under employer policies, or sick time required under state or local laws. Massachusetts employers of 11 or more employees requires the employers to pay up to 40 hours of sick time, accrued at the rate of 1 hour for every 30 worked.

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