"There are still a number of unknowns related to the impact of this decision ... These issues are complex and may even involve considerations other than FFCRA, such as: [1] Whether providing retroactive FFCRA leave to a period where an employee received unemployment compensation would require the employee to pay back some of that compensation, [2] Whether the employer is participating in the Payroll Protection Program and wants to provide retroactive FFCRA leave and how the employer should determine whether to apply these wages to its forgiveness amount or claim the FFCRA payroll credit, and [3] Whether providing retroactive FFCRA leave may negatively impact the employee's ability to have time available for a future qualifying need for leave (such as to care for a child whose school is closed to in-person instruction this fall)." [New York v. U.S. Dept. of Labor, No. 20-3020 (S.D.N.Y. Aug. 3, 2020)]

MORE >>