Department of Labor Issues Updated Regulations Clarifying Who Qualifies for Emergency Paid Sick Leave

The gudiance was issued Friday in response to a federal court ruling which struck down provisions of the Families First Coronavirus Response Act (FFRCA) last month after finding the department exceed its authority.

 Families First Coronavirus Relief Act 280x210The revisions do the following:

• 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.
• Revise 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.

The revised guidance takes effect September 16 when it’s published in the Federal Register.