New Sick Leave and Parental Leave Guidance

We previously published articles about the new paid sick leave and paid parental leave provisions.  The Department of Labor has issued new guidance concerning these new laws.  The new guidance provides answers to some of the compliance questions facing the industry.

Effective Date

The effective date of the new paid sick leave and paid parental leave provisions has been fixed.  These paid leave provisions are effective on April 1, 2020, and apply to leave taken between April 1, 2020, and December 31, 2020.

Posting Notice

We indicated that a notice would be required, but was not yet published.  The new notice has been published.  In recognition of the fact that many employees may be working from home, employers can meet the notice requirement by emailing the notice or posting it on the employee portion of their website:

“An employer may satisfy this requirement by emailing or direct mailing this notice to employees, or posting this notice on an employee information internal or external website.”

Enforcement

The government will not bring enforcement actions against any public or private employer for violations of new paid sick leave and paid parental leave provisions that take place between March 18 and April 17, 2020, provided that the employer has made reasonable, good faith efforts to comply with the new laws. There is further guidance and instructions for this forbearance, so if you think you may have violated the new laws, then you should contact an attorney immediately.

General Compliance

Looking for guidance on the interaction between the Covid-19 and the Family and Medical Leave Act (FMLA) or general Labor Law?  The Department of Labor has published guidance:

• Family and Medical Leave Act (FMLA) and Covid-19
• Fair Labor Standards Act and Covid-19

Still not sure what to do?  ASA member should send their questions to ASA so we can try to find you answers!