DOL revises paid leave requirements under FFCRA

On September 11, the U.S. Department of Labor (DOL) revised the regulations implementing the paid sick leave and expanded family and medical leave provisions of the Families First Coronavirus Response Act (FFCRA). The revised rule took effect on September 16, when it was published in official form.

Regulations revised in response to court ruling

The DOL made the revisions to clarify workers’ rights and employers’ responsibilities under the FFCRA’s paid leave provisions after a New York federal court found portions of the initial regulations were invalid. Specifically, the court set aside four parts of the regulations: (1) the requirement that paid sick leave and expanded family and medical leave are available only if an employee otherwise has work from which to take leave, (2) the requirement that an employee may take FFCRA leave intermittently only with employer approval, (3) the definition of an employee who is a “healthcare provider,” whom an employer may exclude from being eligible for the leave, and (4) the statement that employees must provide their employers with certain documentation before taking the leave.

In the revised regulations, the DOL does the following: