DOL clarifies FFCRA confusion with additional guidance

The U.S. Department of Labor (DOL) has responded to a federal judge’s ruling against regulations implementing the Families First Coronavirus Response Act (FFCRA) by revising the rules.

How we got here

The FFCRA creates and provides paid leave under the Emergency Paid Sick Leave Act (EPSLA) and the Emergency Family and Medical Leave Expansion Act (EFMLEA). In April, the DOL issued its final rule interpreting the FFCRA and providing employers with much-needed guidance for implementing the novel paid leave requirements.

Shortly thereafter, the state of New York filed a lawsuit against the DOL, claiming aspects of the final rule were unlawful. The U.S. District Court for the Southern District of New York created significant confusion in August when it agreed with the state on several key aspects of the rule. The court held the following:

• Work need not be available for an employee to request and receive paid leave, meaning employees furloughed or placed on temporary leave by covered employers may be eligible for leave under the FFCRA.
• The definition of healthcare provider used to determine whether certain employees are exempt under the FFCRA is too broad.
• When the qualifying reasons for leave don’t implicate public health or safety concerns, employer consent isn’t mandatory for an intermittent leave schedule.
• Employees need not submit documentation supporting and substantiating their need for leave before the commencement of the time off.

4 key DOL positions