September 16, 2020: BAN Legal Alert Department of Labor Issues Updated FFCRA Regulations In Light Of Recent Federal Court Decision
Please find below a link to our Legal Alert on the Department of Labor’s updates to regulations on the emergency paid sick leave and expanded FMLA provisions of the FFCRA. The new rule is scheduled to be published on September 16, 2020, and will be effective immediately through the expiration of the FFCRA’s paid leave provisions on December 31, 2020. The rule updates FFCRA regulations issued in April 2020 in response to a recent federal District Court decision which found four portions of the initial regulations invalid: provisions related to whether the FFCRA applies if employers do not have work available for employees; the timing for which employees must request the need for leave; the definition of health care provider; and the availability of intermittent leave.
This alert is of interest to all employers subject to the FFCRA (generally, private sector employers with less than 500 employees, or public sector employers of any size).