On September 11, 2020, the Department of Labor (“DOL”) issued revised regulations under the FFCRA after a New York Federal Court’s decision invalidated a handful of regulatory provisions interpreting the FFCRA. The revised regulations, set to be published and take effect on September 16, 2020, include, but are not limited to, the following:

  • Reaffirms that the Emergency Paid Sick Leave Act and (“EPSLA”) and the Emergency Family and Medical Leave Expansion Act (“EFMLEA”) leave may be taken only if the employer has work available from which an employee can take leave, and provides its reasoning why this precondition is critical;
  • Confirms that intermittent leave under FFCRA can only be taken with employer approval;
  • Provides an amended definition of “health care provider” that is narrower than its original regulations to cover employees who are health care providers under the classic Family and Medical Leave Act (“FMLA”) definition, as well as other employees who are employed to provide diagnostic, preventative, or treatment services, or other services that are integrated with an necessary to the provision of patient care; and
  • Clarifies the timeline for when an employee must provide notice of the need for leave and supporting documentation.

Upon publication, a copy of the DOL’s revised regulations be can be found here.

If you have any questions please contact a Stevens & Lee attorney.