Nearly six months after the US Department of Labor (DOL) issued regulations under the Families First Coronavirus Response Act (FFCRA), those regulations have been revised (effective September 16, 2020) in response to a federal district court decision invalidating a handful of provisions interpreting the FFCRA. The DOL responded by revising some of the regulations to reaffirm the DOL’s original positions and amend others.
FFCRA
Revised Department of Labor Regulations Necessitate Job-Specific Assessment by Health Care Providers for Employees’ Potential FFCRA Leave Entitlement
In April 2020, the Department of Labor (DOL) issued regulations excluding “Health Care Providers” from the reach of the Families First Coronavirus Response Act’s (FFCRA) leave entitlements, both as to expanded sick leave and expanded FMLA leave.
The DOL Revises FFCRA Regulations: What Employers Should Know
The United States Department of Labor (“DOL”) has issued revised regulations concerning paid leave under the Families First Coronavirus Response Act (“FFCRA”). The revisions, effective September 16, 2020, were made in response to an August 3, 2020, federal district court decision in New York invalidating various aspects of the original regulations promulgated on April 1, 2020
DOL Revises Rules Governing FFCRA COVID-19 Related Leave
“Health Care Provider” Now Narrowly Defined, Intermittent Leave Explained, and Other Important Clarifications and Changes
DOL Issues New Rule to Address Recent Court Decision on Certain FFCRA Provisions
On September 11, 2020, the U.S. Department of Labor (DOL) announced a new temporary rule revising the DOL’s regulations on the Families First Coronavirus Response Act (FFCRA).
DOL Revises and Clarifies FFCRA Leave Rules
In response to a U.S. District Court decision striking down key aspects of its temporary rule governing leave under the Families First Coronavirus Response Act (FFCRA), the U.S. Department of Labor has adopted a revised rule “clarifying” certain aspects of […]
Families First Coronavirus Response Act: DOL Gets Back on the Rail
On September 11, 2020, the U.S. Department of Labor (DOL) partially ended the mystery of when and how it would respond to the August 3, 2020, decision from the United States District Court for the Southern District of New York in which the court—stating that the DOL had “jumped the
DOL Revises FFCRA Regulations to Clarify Paid Leave Rules in Wake of New York Federal Court’s Decision
On September 11, 2020, the U.S. Department of Labor (DOL) issued revised regulations under the Families First Coronavirus Response Act (FFCRA) following a federal court’s decision that invalidated a handful of regulatory provisions interpreting the FFCRA. Although the DOL was widely expected to address the court decision through revised
DOL Issued Revised FFCRA Regulations
On Friday, September 11, 2020, the Department of Labor (DOL) issued revised FFCRA regulations that will be formally published on September 16. The unpublished version is available here. These regulations were issued in response to an August 2020 ruling by a federal court in New York that invalidated some of the prior regulations as either inconsistent with the text of the FFCRA, or insufficiently explained by the DOL in its original regulations. According to the DOL’s press release accompanying the revised regulations, the revisions do the following:
DOL Strikes Back: Redefines Health Care Provider Exception to FFCRA
Last month a New York federal court left health care providers in a lurch, when it vacated the Department of Labor’s definition of who could be exempted as a health care provider from the FFCRA leave obligations. Thankfully, the DOL has stepped back in to provide further clarity on this issue, providing
DOL Strikes Back: FFCRA Temporary Rule Is Revised
The Department of Labor has issued revisions and clarifications to its FFCRA Temporary Rule in response to the New York federal court’s decision vacating some of the provisions of the earlier version of the Rule.
Summary of Revisions.
In its revised rule and clarifications, the DOL:
reaffirms that the emergency
DOL Clarifies Application of FFCRA Leave to Various Return to School Models
Parents, employers, and communities across the country are managing uncertainty around returning to school this fall. Many schools have opened, or soon will open, using some element of virtual learning. As we discussed earlier this summer, parents and employers have had to show flexibility and grace during this back to
Return to School Raises FFCRA Leave Questions
With kids going back to school, new questions regarding eligibility for paid leave under the Families First Coronavirus Response Act (FFCRA) are cropping up. Thankfully, the Department of Labor (DOL) recently supplemented its Frequently Asked Questions (FAQs) to answer some of the questions that have arisen thus far.
School’s Back (Or Is It)! When Can Your Employees Take FFCRA Leave?
For many, the start of school looks different this year: from all virtual, to hybrid, to parent’s choice. Employers required to provide leave under the Federal Families First Coronavirus Act (“FFCRA”) may be wondering how to administer FFCRA leave under this new regime.
Not to be out-classed, the U.S. Department
New DOL Guidance Confirms Employees May Take Intermittent FFCRA Leave for Kids on Hybrid Schedules
On August 27, 2020, the U.S. Department of Labor added to its list of Frequently Asked Questions regarding leave under the FFCRA, tackling questions related to FFCRA leave for children’s remote learning programs. Previously, the DOL’s guidance stated that an […]