DOL’s revised FFCRA regulations take effect

The U.S. Department of Labor’s (DOL) revisions to the Families First Coronavirus Response Act (FFCRA) recently went into effect nationwide. The updates were made to assist employers in interpreting their FFCRA obligations and implementing compliant leave policies after a New York federal court decision in August created much uncertainty.

Ruling prompts DOL’s revised guidance

The FFCRA, which became effective on April 1, implemented two separate paid leave provisions through the Emergency Paid Sick Leave Act (EPSLA) and the Emergency Family and Medical Leave Expansion Act (EFMLEA).

On August 3, the New York federal court invalidated the DOL’s previous regulations regarding the statute’s “work-availability” requirement, the definition of “healthcare provider,” provisions related to intermittent leave, and documentation requirements. The ruling caused the DOL to issue revised guidelines, including: