Revisions Take Effect Sept. 16
The U.S. Department of Labor (DOL) has issued revisions to regulations that implement the paid sick leave and expanded family and medical leave provisions of the Families First Coronavirus Response Act (FFCRA). The revisions respond to a New York federal court decision vacating four parts of the regulations.
Reaffirm and provide additional explanation for the requirement that employees may take FFCRA leave only if work would otherwise be available to them.
Reaffirm and provide additional explanation for the requirement that an employee have employer approval to take FFCRA leave intermittently.
Revise the definition of “healthcare provider” to include only employees who meet the definition of that term under the Family and Medical Leave Act regulations or who are employed to provide diagnostic services, preventative services, treatment services or other services that are integrated with and necessary to the provision of patient care which, if not provided, would adversely impact patient care.
Clarify that employees must provide required documentation supporting their need for FFCRA leave to their employers as soon as practicable (rather than always prior to taking leave).
Correct an inconsistency regarding when employees may be required to provide notice of a need to take expanded family and medical leave to their employers, by clarifying that advance notice is not prohibited and is typically required if the need for leave is foreseeable, such as when an employee has advance notice of a school closing.
The revisions take effect Sept. 16, 2020.