As Promised, DOL Publishes Required Posters

On March 25, 2020, as promised, the DOL published the notices employers will be required to post related to leave under the Families First Coronavirus Response Act. The poster applicable to most employers, except the federal government, can be found here. (The poster for federal employees is available here.) A close read of the poster reveals some concerns with the DOL’s explanation of the leave requirements. We do not recommend using the poster before April 1, in hopes that revisions will be made before then.

In a companion Q&A, the DOL confirms the poster must be posted in a conspicuous place on the employers premises where employees can see it. The breakroom will not be sufficient if not all employees visit the breakroom. Employers can satisfy the posting requirement by e-mailing the notice to employees, sending it by mail, or posting it on the employer's internal or external website. 
 
The poster only needs to be sent to current employees (not those who are laid off). Although not addressed by the DOL, you should provide it to employees on leave, as they are current employees. If you happen to be hiring, you also need to provide the poster to new employees after they are hired.
 
If you have questions related to the poster or the leave requirements, please contact Tami A. Earnhart or any other member of our Labor, Employment & Immigration Group.

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader should consult with legal counsel to determine how laws or decisions discussed herein apply to the reader’s specific circumstances.