Revised FFCRA regs narrow healthcare provider exemption, ease advance notice rules

The U.S. Department of Labor (DOL) recently revised its Families First Coronavirus Response Act (FFCRA) paid leave rules in response to a New York federal court decision that struck down portions of the original rule released in April. The FFCRA, a stimulus measure enacted by Congress in March, provides eligible workers with up to two weeks of paid leave, subject to caps, for certain coronavirus-related absences and up to an additional 10 weeks of paid leave to care for children who are at home because of school or daycare closures. The rule updates were scheduled to go into effect September 16.

How we got here

On August 3, the U.S. District Court for the Southern District of New York found four parts of the DOL's FFCRA rule were invalid:

• Its definition of employees who are "healthcare providers" and thus ineligible for paid leave benefits and protections;
• The requirement that employees provide documentation before taking leave;
• The position that employers must agree to provide FFCRA leave on an intermittent basis; and
• The position that leave protections and benefits apply only during times when the employee has work available.

On the first two points, the court found the DOL rule was inconsistent with the statute. Consequently, the agency has revised both positions by narrowing the definition of "healthcare providers" and easing the documentation requirement to "as soon as practicable." The court said the DOL's rationale was insufficient on the latter two points, but the agency has reaffirmed its positions with expanded analysis and justification.