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Department Of Labor Amends The FFCRA’s Paid Leave Regulations to Clarify Workers’ Rights and Employers’ Responsibilities

September 14, 2020

On Friday, September 11, 2020, the U.S. Department of Labor’s Wage and Hour Division (WHD) announced revisions to regulations regarding the paid sick leave and expanded family and medical leave provisions of the Families First Coronavirus Response Act (FFCRA). These revisions were made in response to an August 3, 2020, U.S. District Court for the Southern District of New York ruling (State of New York v. U.S. Department of Labor, et al.) which vacated several portions of the FFCRA regulations which were issued on April 1, 2020. Specifically, the Court found that the following provisions were invalid: (1) the requirement that there must be work available for an employee to take leave; (2) the definition of a “health care provider” that could be excluded from paid leave; (3) that an employer must consent to intermittent leave; and (4) the rule that certain documentation be provided before taking leave.

In response to this ruling, the WHD’s revisions:

The revised regulations are expected to take effect on September 16, 2020.

If you have any questions about the revised regulations, please contact your Miller Canfield attorney or any of the authors of this alert. 

This information is based on the facts and guidance available at the time of publication, and may be subject to change.