The U.S. Department of Labor (“DOL”) has issued revised regulations regarding the availability of paid sick leave and expanded family and medical leave under the Families First Coronavirus Response Act (“FFCRA”). These revised regulations come in the wake of a decision by a New York federal district judge striking down several key portions of the DOL’s original rule. As discussed in an earlier update, in an August 3, 2020 decision, S.D.N.Y. Judge Paul Oetken concluded that four aspects of the DOL’s FFCRA regulations were invalid: (1) the work availability requirement, under which employees were not eligible for FFCRA leave if their employer does not have work for them to perform; (2) the restrictions on intermittent leave; (3) the definition of “health care provider”; and (4) the documentation requirements imposed by the regulations.
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