Federal District Court Expands Employee Paid Leave Rights Under FFCRA

A United States federal district court judge in the Southern District of New York struck down four regulations issued by the United States Department of Labor (DOL) limiting paid leave entitlements under the Families First Coronavirus Response Act (FFCRA). In the Court’s August 3, 2020 decision, Judge J. Paul Oetken found the DOL exceeded its authority (a) by determining that employees were not entitled to paid leave if the employer determined no work was available, (b) broadly defining “health care provider,” resulting in the exclusion of workers otherwise entitled to paid leave, (c) requiring an employer’s consent before a worker could take intermittent leave, and (d) requiring workers to provide documentation prior to taking leave. State of New York v. United States Department of Labor, Case No. 20-CV-3020 (S.D.N.Y. Aug. 3, 2020).

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