Department of Labor Guidance, Required Model Notices for Families First Coronavirus Response Act

Updated April 2, 2020

Department of Labor Temporary Regulations Released for FFCRA, April 1, 2020

The Department of Labor posted a temporary rule issuing regulations pursuant to the Families First Coronavirus Response Act (FFCRA), effective, April 1, 2020. It is scheduled to be placed in the Federal Register on April 6, 2020.

Required DOL Model Notices for FFCRA, March 25, 2020

The Department of Labor (DOL) has released the Families First Coronavirus Response Act (FFCRA) Model Notices for COVID-19. All counties are required to post these March 25, 2020.

DOL Guidance on FFCRA, March 24, 2020

On March 24, 2020, the Department of Labor (DOL), Wage and Hour Division (WHD), released the:

These documents are meant to assist employers and employees on their understanding of the rights and responsibilities under FFCRA. 

The effective date of the FFCRA will be April 1, 2020.  The DOL-WHD will provide a Model Notice for counties to place where all employees will have access no later than March 25, 2020.

Some key points to take away from these documents:

  • Effective date April 1, 2020.
  • Any county who has already been granting leave for COVID-19 conditions cannot count that leave toward the required FFCRA leave entitlements. Only leave taken on or after April 1, 2020, for a COVID-19-related reason will count toward the entitlement required under FFCRA.
  • Employees who are taking leave for a child’s school closing or day care closing due to a COVID-19 related reason are only entitled to a total of 12 weeks paid leave. The Emergency Paid Leave Act pays for the first two weeks and the additional 10 weeks are paid under the Family and Medical Leave Expansion Act. This will require counties to pay eligible employees two-thirds of the Regular Rate of pay, with a cap of $200 per day and a maximum aggregate cap for the full 12 weeks of $12,000 per employee.
  • Counties may not deny an employee leave for a reason identified in the FFCRA, with exception of certain health care providers and emergency responders.
  • The DOL-WHD will have written regulations in April 2020. The definition of certain healthcare providers and emergency responders who may be exempted will remain uncertain until the regulations are released.
  • Any employee on county payroll as of March 2, 2020, is immediately qualified on April 1, 2020, for these paid leaves. Any employee hired after March 2, 2020, will become qualified after they have worked for the county for 30 days until the expiration of the Acts, Dec. 31, 2020 for a COVID-19 related reason.
  • All counties are covered under the Act regardless of the number of employees they have.  Counties who have under 50 employees will be required to provide FMLA for all employees with COVID-19 child care or day care closing event.