Health & Welfare Plans Newsletter

BULLETIN
September 14, 2020

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[Official Guidance]

Text of DOL Temporary Rule: Paid Leave Under the FFCRA

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."
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Wage and Hour Division [WHD], U.S. Department of Labor [DOL]

[Official Guidance]

Text of Updated DOL Q&As: Families First Coronavirus Response Act (FFCRA)

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?
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Wage and Hour Division [WHD], U.S. Department of Labor [DOL]

[Guidance Overview]

DOL Revises Regs to Clarify Paid Leave Requirements Under the FFCRA

"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." Icon to read more

Wage and Hour Division [WHD], U.S. Department of Labor [DOL]

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