| Earlier this month, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) announced revised regulations further clarifying the implementation of the Family First Coronavirus Response Act (FFCRA) in response to a recent ruling in the Southern District of New York invalidating prior interpretations of the FFCRA as summarized in a previous alert. According to a press release issued by DOL, the revisions shed additional light on the rights and responsibilities set forth in the FFCRA as follows: • Reaffirm and provide additional explanation for the requirement that employees may take FFCRA leave only if work would otherwise be available to them; • Reaffirm and provide additional explanation for the requirement that an employee have employer approval to take FFCRA leave intermittently; • Narrow the definition of “healthcare provider” to include only employees who meet the definition of that term under the Family and Medical Leave Act regulations or who are employed to provide diagnostic services, preventative services, treatment services or other services that are integrated with and necessary to the provision of patient care which, if not provided, would adversely impact patient care; • Clarify that employees must provide required documentation supporting their need for FFCRA leave to their employers as soon as practicable; • Correct an inconsistency regarding when employees may be required to provide notice of a need to take expanded family and medical leave to their employers. DOL has updated its FAQs to reflect this new guidance that went into effect on September 16, 2020. Meredith S. Campbell Chair, Employment and Labor Group Shulman Rogers mcampbell@shulmanrogers.com | T 301.255.0550 | F 301.230.2891 |
