On August 3, 2020, the U.S.
Articles discussing the Family and Medical Leave Act (FMLA) an other topics related to workplace leave.
NY Federal Court Strikes Down Key Provisions of DOL Rule Regarding FFCRA Paid Sick and Expanded FMLA Leave
On August 3, 2020, in response to a legal challenge by the state of New York, a New York federal district judge struck down portions of a U.S. Department of Labor (DOL) final rule providing guidance on interpretations of the Families First Coronavirus Response Act (FFCRA).1 Specifically, the court
Back To Square One: Court Ruling Upends COVID-19 Leave Rules
In a surprising and significant ruling yesterday, a New York federal judge tossed out several key Department of Labor rules regulating the Families First Coronavirus Response Act (FFCRA), meaning that more workers will be able to take paid leave under the new law. The ruling also creates uncertainty for employers trying to comply with administrative aspects of the leave act requirements, and brings us back to the confusing early days of the new law before the DOL issued clarifying regulations. The scope of the ruling is unclear at present, as the judge did not specifically indicate if it applies nationally or just in New York. However, even if limited in scope, the same reasoning could be followed by other courts considering similar challenges in other parts of the country.
Court Vacates Parts of FFCRA Regulations, Including Healthcare Provider Definition
The federal district court in New York struck down four provisions in the Department of Labor’s (DOL) Families First Coronavirus Response Act (FFCRA) regulations on August 3, 2020, four months after the regulations went into effect, and five months before the FFCRA is set to expire. State of New York v. U.S. Department of Labor, et al., No. 1:20-cv-03020 (S.D. N.Y. Aug. 3, 2020).
Judge’s FFCRA Ruling Invalidates USDOL’s “Health Care Provider” Definition and Raises Questions About Paid Leave Eligibility During Pandemic-Related Shutdowns
On August 3, 2020, a federal judge in New York struck down two important limits regarding which employees are eligible for paid leave under the Families First Coronavirus Response Act (FFCRA).
Federal Court Rejects Key Provisions of FFCRA Leave Regulation
Earlier today, the U.S. District Court for the Southern District of New York struck down four key provisions of the U.S. Department of Labor’s (“DOL”) regulation implementing the paid leave provisions of the Families First Coronavirus Response Act (“FFCRA”). The […]
New York District Court Vacates Parts of FFCRA Regulations Including Healthcare Provider Definition
Shortly after the Department of Labor issued its FFCRA regulations, the state of New York filed a lawsuit challenging some of the provisions. Today (four months after the regulations went into effect, and just five months before the FFCRA is set to expire), the federal district court in New York
DOL Issues Additional Clarification on FMLA, FFCRA, FLSA in COVID-19 Context
The U.S. Department of Labor (“DOL”) recently issued additional clarification on its FAQs and guidance regarding the FMLA and the FFCRA in the context of the COVID-19 pandemic. Some highlights include:
Telemedicine Visits Are “In-Person” Visits with a Healthcare Provider under the FMLA
Telemedicine visits (those medical appointments that are
DOL Publishes Updated FMLA Forms and Seeks Public Comment on Management of FMLA
On July 16, 2020, the Wage and Hour Division of the U.S. Department of Labor (DOL) published new efforts to improve management of leave under the Family and Medical Leave Act of 1993 (FMLA).
DOL Issues Return-to-Work Guidance Under the Families First Coronavirus Response Act
On July 20, 2020, the U.S. Department of Labor issued additional guidance on return-to-work issues under the Families First Coronavirus Response Act (FFCRA). Enacted at the end of March, the FFCRA provides emergency paid sick leave, and paid family leave under the Family and Medical Leave Act (FMLA) for
IRS Issues Instructions on Reporting Emergency Paid Leave Wages
On July 8, 2020, the Internal Revenue Service (IRS) released guidance for employers on reporting qualifying wages paid to employees under the Emergency Paid Sick Leave Act (EPSLA) and Emergency Family and Medical Leave Expansion Act (EFMLEA). Both laws are part of the “phase one” coronavirus legislation, the Families First
DOL Publishes New FMLA Forms, Signals More to Come with Expansive Request for Information on FMLA
On July 16, 2020 the Department of Labor (“DOL”) unveiled its new FMLA forms. As we previously reported, the DOL announced its plan to revamp the forms in August 2019. However, the DOL made further revisions to the August 2019 drafts based on public comments. The new forms can be
New FMLA Forms Offer Some Improvements, Don’t Address FFCRA Leave
On July 16, 2020, the U.S. Department of Labor released an updated suite of FMLA forms for employers. According to the Department, the forms are designed to be simpler and easier to understand and complete, substituting check boxes for some […]
Notice 2020-54 – Employer Reporting Requirements for Qualified Sick Leave Wages and Qualified Family Leave Wages paid-out under the FFCRA
The Families First Coronavirus Response Act (FFCRA) Pub. L. No. 116-127, requires employers with fewer than 500 employees to provide paid leave under certain COVID-19-related circumstances via the Emergency Paid Sick Leave Act (up to $511 per day or $5,110 in the aggregate per employee) and the Emergency Family and Medical Leave Expansion Act (up to $200 a day or $10,000 in the aggregate).
Summer Break Does Not Necessarily Mean A Break From FFCRA Leave Requirements
Its July. A time when in normal years, schools are closed and families are planning vacations. But in 2020, paid vacation is being replaced with paid leave under the Families First Coronavirus Response Act (“FFCRA”), leaving employers asking, can they still do that?!
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