By Heather Sager, Jill Ripke, Lauren Kulpa, Brittany Sachs

On September 11, 2020, the U.S. Department of Labor (DOL) announced revisions to its implementation regulations for the Families First Coronavirus Response Act (FFCRA). As stated in the DOL’s News Release, “[t]he revisions do the following:

  • 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.”

The update was in response to a court ruling in the Southern District of New York that vacated portions of the DOL’s Regulations Regarding FFCRA (discussed here). The revised regulations are found here and are scheduled to be published and become effective on September 16, 2020.