Department of Labor revises paid leave under virus act
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The Department of Labor issued revised regulations to clarify paid leave requirements under the Families First Coronavirus Response Act, reaffirming that employees may take the leave only if work would otherwise be available to them.
The revisions by the DOL, which take effect Sept. 16, were in response to an Aug. 3 ruling by the U.S. District Court in New York in State of New York v. United States Department of Labor et al., which some experts had criticized as poorly written and confusing, and whose applicability was described as unclear.
In his ruling, Judge J. Paul Oetken removed limits as to employees taking leave if there is no work available to them. The litigation in the case had been filed by New York Attorney General Letitia James, who described Judge Oetken’s ruling as an “important win” for workers. Her office did not immediately respond to a request for comment.
The DOL said in its statement the revisions:
-Reaffirm and provide additional explanation for the requirement that employees may take FFCRA leave only if work would otherwise be available to them.
-Reaffirms and provides additional explanation for the requirement that an employee have employer approval to take the leave intermittently.
-Revises the definition of “health care provider” to include only employees who are directly involved in patient care.
-Clarifies employees must provide required documentation to support their need for the leave as soon as practicable.
-Corrects an inconsistency regarding when employees may be required to provide notice of a need to take expanded family and medical leave to their employers.
More insurance and risk management news on the coronavirus crisis here.
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