Last Friday, in response to a recent decision from the Southern District of New York, the Department of Labor (DOL) issued revised rules for implementing the Families First Coronavirus Response Act (FFCRA). The revised rules, which took effect on September 16, 2020, are discussed in further detail below.

Last week, the Southern District of New York issued an opinion finding that the Department of Labor (DOL) exceeded its authority by issuing certain rules implementing the Families First Coronavirus Response Act (FFCRA). Specifically, the Court found to be invalid (1) the portions of the rules requiring employees to have work available to them to be eligible for leave, (2) the expansive definition of “healthcare provider”, (3) the requirement that the employer consent to intermittent leave, and (4) the timing of the documentation requirement.

Last week, the U.S. Department of Labor issued temporary regulations addressing paid leave under the Families First Coronavirus Response Act (FFCRA). The FFCRA provides up to 80 hours of paid sick leave, capped at $511 per day and $5110 in the aggregate for care related to the employee, and $200 per day and $2,000 in the aggregate for care related to others, for certain COVID-related reasons. It also expands the FMLA to require FFCRA-covered employers to give paid leave to employees who need to care for a child whose school is closed or whose childcare provider is unavailable due to COVID-19. Along with the expanded FAQs on the DOL’s website, these regulations clarify certain areas of the law, discussed further below.