DOL issues new FFCRA poster, more guidance

The U.S. Department of Labor (DOL) has issued an "Employee Rights" poster or notice for the paid sick leave and expanded family and medical leave components of the Families First Coronavirus Response Act (FFCRA). To access the poster, click here: https://bit.ly/39osdIy. Along with the poster, the DOL provided some much-needed guidance on various aspects of the laws that remained unclear. Below are a few highlights from the agency's "Frequently Asked Questions."

Does paid leave count toward laid-off or fired employees?

The emergency paid leave laws were to go into effect on April 1, 2020. Any paid leave provided to employees before that date wouldn't count toward satisfying any obligations for paid leave under the FFCRA.

The paid leave laws apply only to current employees.

How do we count employees to see if we have fewer than 500?

You must count all employees—part-time, full-time, employees on leave, and temporary employees "who are jointly employed by you and another employer."

You also must look at the number of employees as of the date an individual requests leave under the FFCRA. If you laid off the majority of your workforce before April 1, then you may be covered by the Act if you now have fewer than 500 employees.

What about separate subsidiaries or divisions all controlled by common ownership?