U.S. Department of Labor Revises Families First Coronavirus Response Act Regulations
The U.S. Department of Labor (DOL) issued new regulations on the paid sick leave as well as the family and medical leave provisions of the Families First Coronavirus Response Act (FFCRA). The changes are in response to a recent New York federal court decision invalidating certain regulation of the paid leave provisions.
The revisions include:
- 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.
- 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.
Employers should review their policies and practices to make sure they are providing FFCRA leave consistent with this new guidance on the healthcare provider definition and documentation requirements.
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