The Department of Labor (DOL) revised and clarified the FFCRA temporary rule providing for emergency paid sick leave and expanded family leave in response to the New York federal court’s decision on August 3, 2020 finding parts of the temporary rule invalid. The revisions are effective September 16 and end when the FFCRA sunsets on December 31, 2020. The DOL revised and clarified the following:
- Reaffirmed and explained the work-availability requirement
- Reaffirmed and explained the employer-approval requirement for intermittent leave
- Revised the definition of “Health Care Provider” to focus on the employee for purposes of determining whether the employee may be excluded from taking leave
- Revised the employee notification and documentation requirements to improve consistency
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