Department of Labor issues revised FFCRA regulations

On September 11, 2020, the Department of Labor (DOL) issued revised regulations under the Families First Coronavirus Response Act (FFCRA), which generally requires employers with fewer than 500 employees to provide paid sick leave and expanded Family and Medical Leave Act (FMLA) leave for certain COVID-19 related reasons. (We previously summarized the FFCRA’s leave requirements here.) The revisions are in response to an August 3 New York federal court decision, which held that four provisions of the original regulations were invalid, either because DOL failed to adequately explain its reasoning, or because the court believed that DOL’s interpretations were inconsistent with the FFCRA. The revisions, which go into effect September 16, reaffirm and provide further explanation for two of the provisions and amend two others.

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