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Our attorneys stay on top of changes in legislation, agency regulations, case law, and industry trends—then craft timely legal alerts to keep clients up to date on legal developments important to their business.

March 26, 2020

COVID-19: USDOL Releases Guidance on Families First Coronavirus Response Act

As an update to our prior alert, the US Department of Labor (USDOL) recently published guidance explaining paid sick leave and expanded family and medical leave under the Families First Coronavirus Response Act. The newly released guidance—which includes a fact sheet for employees, a fact sheet for employers, and a Q&A section—addresses issues concerning covered employers and special exemptions, qualifying reasons for leave, employee eligibility, duration of leave, calculation of pay, tax credits, notice requirements, job protection, and penalties and enforcement.

The USDOL also recently published a model notice that employers are required to post “in conspicuous places ... where notices are customarily posted.”

Additional guidance is expected to be published by the USDOL later this week, and regulations specific to small business and health care provider exemptions are expected to follow in April.

Please also note that, according to the USDOL, the Families First Coronavirus Response Act will become effective on April 1 rather than April 2, which was the original expected date based on language in the law.

If you have any questions regarding the content of this alert, please contact Rob Thorpe, counsel, at rthorpe@barclaydamon.com, or another member of the firm’s Labor & Employment Practice Area.

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