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<< Older News  |  September 28, 2020

News

All News > FFCRA

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DOL Agrees -- Partially -- with New York Court Decision on FFCRA
Lockton Link to more items from this source
[Guidance Overview]
Sept. 25, 2020

"[If an employer had excluded from FFCRA leave-eligible employees who merely supported healthcare providers but were not performing medically related services, the employer should begin permitting those employees who no longer fall within the healthcare provider definition to take leave under FFCRA.... Employers that may be subject to the New York court opinion ... may wish to consult with counsel to determine the appropriate course of action in light of the fact that the DOL's modified regulation does not conform in every respect to the court's opinion."

Tags: Coronavirus (COVID-19)  •  FFCRA  •  FMLA and Other Leave

New FFCRA Paid Leave Rule -- Big Deal or No Big Deal?
MZQ Consulting, LLC Link to more items from this source
[Guidance Overview]
Sept. 23, 2020

"The new rule clarifies that to be eligible to take any FFCRA paid sick or family/medical leave, a person must be an active employee. Not only that, but the employee's FFCRA qualifying event must be the ONLY reason why the person cannot work.... On the off chance an employer is currently letting furloughed or reduced hour employees take FFCRA leave for hours that they would not usually be at work, they will have to stop (or not get reimbursed). "

Tags: Coronavirus (COVID-19)  •  FFCRA  •  FMLA and Other Leave

Revised DOL Regs Necessitate Job-Specific Assessment by Health Care Providers for Potential FFCRA Leave Entitlement
Nexsen Pruet Link to more items from this source
[Guidance Overview]
Sept. 22, 2020

"[A]ffected health care providers should immediately conduct a position-specific analysis of their employees ... to make a reasoned determination regarding whether their services are truly integral to the provision of patient care. Gray areas will likely include patient food service and EMR-related services.... Employers should take care to document their decision-making process in this regard before denying leave requests to such employees."

Tags: Coronavirus (COVID-19)  •  FFCRA  •  FMLA and Other Leave

California's New Sick Leave Law Provides Supplemental Coverage for Employees Affected by COVID-19
Morgan Lewis Link to more items from this source
[Guidance Overview]
Sept. 22, 2020

"Employers outside the food sector are required to provide COVID-19 supplemental paid sick leave (CSPSL) as of September 19, 2020 ... For food sector workers, the leave requirement is retroactive to April 16, 2020 ... The CSPSL provisions expire on December 31, 2020 or the expiration of the FFCRA (including any extension); whichever is later."

Tags: Coronavirus (COVID-19)  •  FFCRA  •  FMLA and Other Leave  •  Local Regulation

Philadelphia Pandemic Laws Require Additional Paid Leave for Employees and Gig Workers
Littler Link to more items from this source
[Guidance Overview]
Sept. 21, 2020

"Philadelphia, Pennsylvania Mayor Phil Kenney signed ... an amendment to the city's generally applicable paid sick and safe time law ... [which] requires new public health emergency leave for employees, gig workers, and others who do not receive leave under the federal [FFCRA]. The emergency leave requirements take effect immediately, but generally will expire on December 31, 2020....[Effective on September 9, an additional amendment requires] compensation and medical care or reimbursement for certain healthcare employees who contract a disease during a declared pandemic or epidemic."

Tags: Coronavirus (COVID-19)  •  FFCRA  •  FMLA and Other Leave  •  Local Regulation

Updated FFCRA Regs Limit Scope of Healthcare Providers Exemption, Modify Notice Requirement, and Reaffirm Other Aspects of Prior Regs
Davis Wright Tremaine LLP Link to more items from this source
[Guidance Overview]
Sept. 21, 2020

"Employers should now follow a two-step process when responding to employees' notices of the need for leave under the EFMLEA: first, they must determine whether the request is for intermittent leave (as opposed to several discrete days of leave) under applicable guidance; and second, if it is such a request, they may engage in a dialogue with the employee to see if alternative work arrangements are feasible."

Tags: Coronavirus (COVID-19)  •  FFCRA  •  FMLA and Other Leave

Philadelphia to Expand Emergency Sick Leave Benefits to More Workers
Duane Morris LLP Link to more items from this source
[Guidance Overview]
Sept. 18, 2020

"The bill will broaden the scope of Philadelphia's Promoting Healthy Families and Workplaces sick leave law by providing paid 'public health emergency leave' to more people who work within the geographic boundaries of the city, including individuals workings for companies with 500 or more employees, independent contractors and 'gig economy' workers."

Tags: Coronavirus (COVID-19)  •  FFCRA  •  FMLA and Other Leave  •  Local Regulation

New California COVID-19-Related Supplemental Paid Sick Leave Requirements Take Effect September 19, 2020
FordHarrison Link to more items from this source
[Guidance Overview]
Sept. 17, 2020

"Employers who already provided supplemental paid leave for the reasons related to AB 1867's covered reasons ... may count those hours toward the required amount of CSPSL hours under AB 1867. However, compensation for any qualifying supplemental paid leave provided to the employee must have been greater than, or equal to, the amount of compensation the employee would have received under AB 1867."

Tags: Coronavirus (COVID-19)  •  FFCRA  •  FMLA and Other Leave  •  Local Regulation

Amendments to FFCRA Regs Effective September 16, 2020
Husch Blackwell Link to more items from this source
[Guidance Overview]
Sept. 17, 2020

"Employers of healthcare providers should carefully review all requests for FFCRA leave using the limited definition set forth in the September 11, 2020 Amendments.... [E]mployers can continue to provide FFCRA leave only when there is work available for employees and can require approval for intermittent leave.... Employers should ensure compliance with the DOL's regulations and guidance when evaluating requests for leave related to school closures or virtual learning."

Tags: Coronavirus (COVID-19)  •  FFCRA  •  FMLA and Other Leave

New York Employers: Get Ready for the State's New Paid Sick Leave Law
Buck Link to more items from this source
[Guidance Overview]
Sept. 16, 2020

"While the new statewide mandate does not preempt existing local laws -- including New York City's Earned Safe and Sick Time Act and Westchester County's Earned Sick Leave and Safe Time Leave Law -- some of its provisions offer more generous PSL benefits and employee protections. In addition, the new sick leave law allows cities with a population of at least one million to enact a local sick leave ordinance that meets or exceeds statewide requirements for minimum hours and use."

Tags: Coronavirus (COVID-19)  •  FFCRA  •  FMLA and Other Leave

DOL Redefines 'Health Care Provider' for FFCRA Exception
Nixon Peabody LLP Link to more items from this source
[Guidance Overview]
Sept. 16, 2020

"[E]mployers with fewer than 500 employees that provide health care services now must evaluate each employee, on a case-by-case basis, to determine if the employee falls under the definition of 'health care provider.' If the employee does not, the employee now has FFCRA leave rights."

Tags: Coronavirus (COVID-19)  •  FFCRA  •  FMLA and Other Leave

DOL Revises and Clarifies FFCRA Leave Rules
Franczek P.C. Link to more items from this source
[Guidance Overview]
Sept. 15, 2020

"While the DOL suggests that it is merely 'clarifying' its earlier guidance that intermittent leave is available only by agreement between employee and employer, the revised rule redefines 'intermittent' leave to exclude the some of the most common intermittent leave scenarios.... Given the potential for further court challenges, employers should also exercise caution before denying intermittent FFCRA leave in other situations."

Tags: Coronavirus (COVID-19)  •  FFCRA  •  FMLA and Other Leave

Revised FFCRA Regs Take Effect on Wednesday September 16
Constangy, Brooks, Smith & Prophete LLP Link to more items from this source
[Guidance Overview]
Sept. 15, 2020

"For the most part, the DOL respectfully disagreed with the court, provided more explanation of the rationale for the existing regulations, and made minor tweaks or corrections. However, health care employers should note that the 'health care provider' exclusion from FFCRA eligibility has been significantly narrowed.... [H]ealth care employers who are subject to the FFCRA -- either because they have fewer than 500 employees or because they are public-sector employers -- will no longer be able to take advantage of a blanket exclusion of all employees from FFCRA eligibility."

Tags: Coronavirus (COVID-19)  •  FFCRA  •  FMLA and Other Leave

FFCRA: DOL Gets Back on the Rail
Ogletree Deakins Link to more items from this source
[Guidance Overview]
Sept. 15, 2020

"The DOL still has until October 2, 2020, to appeal the court's decision, and its issuance of the temporary rule does not foreclose an appeal. However, the DOL's revisions make clear how it will interpret the FFCRA through the law's December 31, 2020, expiration date. Specifically, the DOL has reaffirmed its original interpretation of the FFCRA in large part and conceded some ground to the district court, primarily in the definition of 'health care provider.' "

Tags: Coronavirus (COVID-19)  •  FFCRA  •  FMLA and Other Leave

California Enacts Supplemental COVID-19 Paid Sick Leave Law
Paul Hastings LLP Link to more items from this source
[Guidance Overview]
Sept. 15, 2020

"On September 9, 2020, Governor Newsom signed Assembly Bill 1867, which requires private employers that employ 500 or more employees in the United States to provide California employees with paid sick time for COVID-19-related absences. The Act also codifies Executive Order N-51-20, ... which provided supplemental paid sick leave to food sector workers.... The Act and its provisions become effective on September 19, 2020 and expire on December 31, 2020, or upon the expiration of any federal extension of the FFCRA, whichever is later."

Tags: Coronavirus (COVID-19)  •  FFCRA  •  FMLA and Other Leave  •  Local Regulation

DOL Revises FFCRA Regs in Response to New York Federal Court's Decision
Miller Johnson Link to more items from this source
[Guidance Overview]
Sept. 15, 2020

"The DOL stood firm on its original position that an employer must have work available for an employee in order for the employee to be eligible for FFCRA leave.... [T]he DOL's revised regulation appears to address the New York district court's admonishment that its previous definition [of 'health care provider'] was too broad.... [T]he DOL's explanation of what types of leave are considered 'intermittent' may vary from the general understanding."

Tags: Coronavirus (COVID-19)  •  FFCRA  •  FMLA and Other Leave

DOL Revises COVID-19 Leave Regs, Broadening Coverage for Healthcare Workers and Clarifying Other Employer Obligations
Fisher Phillips Link to more items from this source
[Guidance Overview]
Sept. 14, 2020

"[1] Health care provider definition narrowed ... [2] Work-availability requirement reaffirmed ... [3] Intermittent leave still requires employer consent ... [4] Employee documentation timing clarified ... [5] Notice requirement revised to address inconsistency ... It is most critical for employers in the healthcare industry to adapt to these changes. No longer can you exclude a wide swath of workers from FFCRA coverage, and instead must narrowly tailor any exclusion you implement to only cover a smaller set of employees more closely associated with the performance of health care work."

Tags: Coronavirus (COVID-19)  •  FFCRA  •  FMLA and Other Leave

Editor's Pick DOL Revises FFCRA Regs to Clarify Paid Leave Rules in Wake of New York Federal Court's Decision
Littler Link to more items from this source
[Guidance Overview]
Sept. 14, 2020

"[T]he DOL held firm that an employer must have work available for an employee in order for the employee to be eligible for FFCRA leave.... The DOL underscored, however, that employers may not arbitrarily withhold work in order to thwart an employee's ability to take leave and emphasized that the unavailability of work must be due to legitimate, nondiscriminatory, non-retaliatory business reasons ... [T]he DOL crafted a definition [of healthcare provider] that focuses on employees whose duties or capabilities are directly related to the provision of health care services or are so integrated to provision of such services so as to adversely impact patient care if not provided.... Intermittent leave still requires employer consent -- but 'intermittent' may be defined differently than employers previously thought ... [The DOL clarified] that any documentation required ... need not be provided before leave begins, but rather may be given 'as soon as practicable, which in most cases will be when the employee provides notice' of the need for FFCRA leave. "

Tags: Coronavirus (COVID-19)  •  FFCRA  •  FMLA and Other Leave

DOL Redefines Health Care Provider Exception to FFCRA
Jackson Lewis P.C. Link to more items from this source
[Guidance Overview]
Sept. 14, 2020

"The revised Rule recognizes that individuals who fall under this health care provider exemption may work, among other places, at a doctor's office, hospital, health care center, clinic, medical school, local health department or agency, nursing facility, retirement facility, nursing home, home health care provider, any facility that performs laboratory or medical testing, pharmacy, or any similar permanent or temporary institution, facility, location, or site where medical services are provided. But the DOL explained that an employee does not need to work at one of these facilities to be a health care provider, and working at one of these facilities does not necessarily mean an employee is a health care provider."

Tags: Coronavirus (COVID-19)  •  FFCRA  •  FMLA and Other Leave

California Extends COVID-19 Paid Leave Requirements to Large Employers
Armstrong Teasdale Link to more items from this source
[Guidance Overview]
Sept. 14, 2020

"The new law applies to all private-sector employers in California, including businesses that employ 500 or more employees [which] were exempt from the paid leave requirements of the federal [FFCRA] ... [E]mployers operating in California that were large enough to escape federal paid leave requirements should act immediately to comply with California's new supplemental paid leave rules.... These supplemental leave requirements are set to become effective no later than Sept. 19, 2020."

Tags: Coronavirus (COVID-19)  •  FFCRA  •  FMLA and Other Leave  •  Local Regulation

Text of DOL Temporary Rule: Paid Leave Under the FFCRA
Wage and Hour Division [WHD], U.S. Department of Labor [DOL] Link to more items from this source
[Official Guidance]
Sept. 14, 2020

53 pages. "The Secretary of Labor is promulgating revisions and clarifications to the temporary rule issued on April 1, 2020, implementing public health emergency leave ... and emergency paid sick leave ... in response to an August 3, 2020 district court decision finding certain portions of that rule invalid. Both types of emergency paid leave were created by a time-limited statutory authority established under the [FFCRA], and are set to expire on December 31, 2020....

  1. The Department reaffirms that paid sick leave and expanded family and medical leave may be taken only if the employee has work from which to take leave and explains further why this requirement is appropriate. This temporary rule clarifies that this requirement applies to all qualifying reasons to take paid sick leave and expanded family and medical leave.
  2. The Department reaffirms that, where intermittent FFCRA leave is permitted by the Department's regulations, an employee must obtain his or her employer's approval to take paid sick leave or expanded family and medical leave intermittently under Section 825.50 and explains further the basis for this requirement.
  3. The Department revises the definition of 'health care provider' under Section 825.30(c)(1) to mean employees who are health care providers under 29 CFR 825.102 and 825.125, and other employees who are employed to provide diagnostic services, preventive services, treatment services, or other services that are integrated with and necessary to the provision of patient care.
  4. The Department revises Section 826.100 to clarify that the information the employee must give the employer to support the need for his or her leave should be provided to the employer as soon as practicable.
  5. The Department revises Section 826.90 to correct an inconsistency regarding when an employee may be required to give notice of expanded family and medical leave to his or her employer."

Tags: Coronavirus (COVID-19)  •  FFCRA  •  FMLA and Other Leave

Text of Updated DOL Q&As: Families First Coronavirus Response Act (FFCRA)
Wage and Hour Division [WHD], U.S. Department of Labor [DOL] Link to more items from this source
[Official Guidance]
Sept. 14, 2020

Updated on Sep. 11, 2020, to add Q&As 101-103:

  1. When were the invalidated provisions of the Department's FFCRA paid leave regulations vacated?
  2. Where did the District Court's order vacating certain provisions of the FFCRA paid leave regulations apply?
  3. When do the revisions to the Department's FFCRA paid leave regulations become effective?

Tags: Coronavirus (COVID-19)  •  FFCRA  •  FMLA and Other Leave

DOL Revises Regs to Clarify Paid Leave Requirements Under the FFCRA
Wage and Hour Division [WHD], U.S. Department of Labor [DOL] Link to more items from this source
[Guidance Overview]
Sept. 14, 2020

"The [DOL's] Wage and Hour Division [on Sep. 11] posted revisions to regulations that implemented the paid sick leave and expanded family and medical leave provisions of the [FFCRA]. The revisions made by the new rule clarify workers' rights and employers' responsibilities under the FFCRA's paid leave provisions, in light of the ... Aug. 3, 2020, decision [of the U.S. District Court for the Southern District of New York] that found portions of the regulations invalid."

Tags: Coronavirus (COVID-19)  •  FFCRA  •  FMLA and Other Leave

Editor's Pick California Expands COVID-19 Supplemental Paid Sick Leave Requirements
Littler Link to more items from this source
[Guidance Overview]
Sept. 11, 2020

"[T]here is little time to get policies, practices, and -- don't forget -- payroll programs and paystubs into tip-top shape. Entities that were not covered previously, but were contending with one or more of the 10 similar local ordinances in California, will want to determine whether and how their pre-AB 1867 policies and practices hold up, and whether they might need to provide supplemental paid sick leave to workers under the new state law."

Tags: Coronavirus (COVID-19)  •  FFCRA  •  FMLA and Other Leave  •  Local Regulation

California Extends 'COVID-19 Supplemental Paid Sick Leave' to Public Employees Exempted from FFCRA Leave
Liebert Cassidy Whitmore Link to more items from this source
[Guidance Overview]
Sept. 11, 2020

"If your agency utilized the discretionary authority provided under the FFCRA to exempt either 'emergency responders' or 'health care providers' from receipt of EPSL and did not provide a comparable contractual benefit to such employees, your agency must now provide those benefits to such employees[.]"

Tags: Coronavirus (COVID-19)  •  FFCRA  •  FMLA and Other Leave  •  Local Regulation


<< Older News  |  September 28, 2020

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