DOL Revisions to FFCRA

Daniel Rafeedie

September 16, 2020

The #DOL posted revisions to regulations for paid sick leave and expanded #FMLA under the #FFCRA in light of the U.S. District Court for the Southern District of New York's Aug. 3rd decision that found portions of the regulations invalid. These revisions take effect today, September 16, 2020.


What the revisions say:

  1. Employees may take #FFCRA leave only if work would otherwise be available to them. Example: A restaurant with reduced staff and employee doesn't have an opportunity to work, then that employee not eligible for leave.

  2. Employees must obtain employer approval in order to take #intermittent leave, except for full-day increments. Example: The employee must take off on Tuesday and Thursday because their children have a hybrid school model.

  3. The definition of “healthcare provider” is clarified to include only employees who meet the definition under the #FMLA or services related that if not provided, would adversely impact patient care.

  4. Clarify that employee documentation must be provided as soon as possible, not necessarily before a leave.