Families First Coronavirus Response Act (FFCRA)


Leagues’ Legal Counsel Summary (March 18, 2020)

Has the Department of Labor created the model posters required by the FFCRA and issued any guidance?

Yes. The posters and guidance are available here.

Additional guidance:

My understanding is that there is an exemption for Businesses under 50. However, we will need to apply for an exemption through the Secretary of Labor and demonstrate an inability to cover these costs. 

When that information is issued, we will post it.

This is from our summary of the Act:

Regulations; Possible Exemption for Small Employers: Among other things, the Secretary of Labor may issue regulations to exempt small businesses with fewer than 50 employees from the Emergency FMLA requirements when they would jeopardize the viability of the business as a going concern.

This is from the Secretary of Labor’s press release, March 20

Small Business Exemption

Small businesses with fewer than 50 employees will be eligible for an exemption from the leave requirements relating to school closings or child care unavailability where the requirements would jeopardize the ability of the business to continue. The exemption will be available on the basis of simple and clear criteria that make it available in circumstances involving jeopardy to the viability of an employer’s business as a going concern. The Department of Labor will provide emergency guidance and rulemaking to clearly articulate this standard.