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New York Federal Court Invalidates Several Provisions of FFCRA Regs
Bryan Cave Leighton Paisner LLP
Aug. 6, 2020 "With the work-availability requirement no longer in place, it is unclear how FFCRA leave will apply going forward with respect to various employer responses to work slowdowns or closure orders ... [T]he question remains as to whether a 'health care provider' for purposes of exclusion from FFCRA leave is limited to those individuals who satisfy the FMLA's limited definition ... [In] those situations where intermittent FFCRA leave is generally permitted under the regulations, employers must permit employees to take such leave intermittently.... [E]mployers should not require the submission of documentation as a precondition to taking FFCRA leave.... [T]he full extent of Monday's ruling -- and its geographic reach -- are as yet unknown[.]" [New York v. U.S. Dept. of Labor, No. 20-3020 (S.D.N.Y. Aug. 3, 2020)] MORE >> |
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