On September 11, 2020, The Department of Labor’s Wage and Hour Division announced revisions to the Families First Coronavirus Response Act (“FFCRA”) in an effort to clarify workers’ rights and employers’ responsibilities related to emergency paid sick leave and expanded family and medical leave related to COVID-19.
The revisions doe 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.
“As the economy continues to rebound, more businesses return to full capacity, and schools reopen, the need for clarity regarding the Families First Coronavirus Response Act paid leave provisions may be greater than ever,” according to a Wage and Hour Administrator. “These updates respond to this evolving situation and address some of the challenges the American workforce faces. Our continuing robust response to this pandemic balances support for workers and employers alike, and remains our priority.”
The revisions are effective as of September 16th, 2020 and will continue through December 31st, 2020.
If you believe your company is unjustly denying you paid sick leave or expanded family and medical leave provided by the FFCRA, we can help. Please contact Gokal Law at 949-753-9100.
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