DOL Revises Regulations for Paid Leave under FFCRA
The U.S. Department of Labor’s Wage and Hour Division revised regulations that implement the paid sick leave and expanded family and medical leave provisions of the Families First Coronavirus Response Act. The law enables employers to keep their workers on their payrolls, while at the same time ensuring that workers are not forced to choose between their paychecks and the public health measures needed to combat the virus, say officials.
The revised rule clarifies workers’ rights and employers’ responsibilities regarding FFCRA paid leave. Read the full revised rule.
The rule was issued in light of the U.S. District Court for the Southern District of New York’s Aug. 3, 2020, decision invalidating portions of the relevant regulations. The revisions allow WHD to enforce critical legal protections for millions of workers fully and fairly.
In this temporary rule, the Department:
- Issues rules relevant to the administration of the FFCRA’s paid leave requirements.
- Provides direction for administration of the Emergency Paid Sick Leave Act (EPSLA), which requires that certain employers provide up to 80 hours of paid sick leave to employees who need to take leave from work for certain specified reasons related to COVID-19. These reasons may include the following:
- the employee or someone the employee is caring for is subject to a government quarantine order or has been advised by a health care provider to self-quarantine;
- the employee is experiencing COVID-19 symptoms and is seeking medical attention; or,
- the employee is caring for his or her son or daughter whose school or place of care is closed or whose child care provider is unavailable for reasons related to COVID-19.
- Provides direction for the effective administration of the Emergency Family and Medical Leave Expansion Act (EFMLEA), which requires that certain employers provide up to 10 weeks of paid, and two weeks unpaid, emergency family and medical leave to eligible employees if the employee is caring for his or her son or daughter whose school or place of care is closed or whose child care provider is unavailable for reasons related to COVID-19.