DOL Revises Paid Leave Requirements Under FFCRA

On September 11, the U.S. Department of Labor issued revisions that impact the paid sick leave and expanded leave provisions under The Families First Coronavirus Response Act (FFCRA or Act).  These revisions are intended to help to clarify employers’ responsibilities and workers/employee rights under the FFCRA paid leave provisions following a New York court’s order finding parts of the initial FFCRA were invalid.

Here are important points you need to know about the DOL revision to the FFCRA:

• This change reconfirms that employees can take FFCRA leave only if work otherwise be available to them.
• An employee needs employer approval to take intermittent FFCRA leave
• Clarification that in regard to the FFCRA, documentation does not have to be completed before the employee takes leave, but does need to be completed as soon as practicable.
• When using EFMLA (Emergency Family Medical Leave Act) leave, employees need to provide advance notice unless the school or childcare facility closed unexpectedly, in which case notice needs to be provided shortly thereafter.
• The DOL clarifies the definition of a “healthcare provider” as it relates to the FFCRA.

You can read more about the revision on the DOL website.