Court rules DOL overstepped, strikes portions of FFCRA regulations

On August 3, a New York federal judge struck down four components of the U.S. Department of Labor’s (DOL) regulations implementing the emergency paid leave provisions of the Families First Coronavirus Response Act (FFCRA). The Act grants paid leave to employees who are unable to work (or telework) due to a need for leave because of any of six COVID-19-related criteria. It applies to private employers with fewer than 500 employees. Following the passage of the FFCRA, the DOL issued implementing regulations. The state of New York sued the DOL, alleging it exceeded its authority in implementing various parts of the FFCRA regulations. The court agreed and ruled the agency exceeded its authority under federal law. Here’s a look at the provisions that were struck down.

‘Work availability’ requirement

When the DOL implemented the paid sick leave provision, it excluded from the benefits employees whose employers “do[] not have work” for them. The court struck down this work availability requirement.

What this means is that if an employee remains employed but isn’t working (such as when she is furloughed) and a need for leave under one of the six COVID-19-related criteria arises, she would qualify for FFCRA leave.

Definition of ‘healthcare provider’