DOL Revises FFCRA Leave Rule: Few Answers, More Questions…

September 15, 2020   Written by:   Filed under: Breaking News



In early August, a federal judge in New York struck down several significant aspects of the Department of Labor’s (DOL) temporary rules under the Families First Coronavirus Response Act. On Friday, the DOL issued revised rules to address the concerns raised by the court. The revisions to the rules, unfortunately, may raise more questions than they answer. The revised rules take effect on September 16th, 2020.

The revisions focus on four areas: (1) the limitation of FFCRA leave to employees who have work available; (2) the requirement that intermittent leave must be by mutual consent; (3) the definition of “healthcare providers” who can be excluded from eligibility for leave; and (4) the employer’s right to require documentation before granting leave.

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