Revised FFCRA Regs Are Coming!

Constangy, Brooks, Smith & Prophete, LLP
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Constangy, Brooks, Smith & Prophete, LLP

The draft is at the White House as we speak.

Bloomberg Law reported this morning that revised regulations interpreting the Families First Coronavirus Response Act have been sent to the White House, "typically the last stop before public release," according to the article by Ben Penn.

In August, a federal judge in New York vacated portions of the original regulations, which were issued in April. Presumably, the revised regulations will change only the portions that were vacated by the judge, which were as follows:

  • The provision that says employees are not eligible for FFCRA leave if the employer does not have work available for them.

  • The provision that very broadly defines “health care provider” for purposes of the exclusion from FFCRA eligibility.

  • The provision requiring the employer to agree before an employee can take FFCRA leave on an intermittent basis.

  • The provision giving employers the right to require some (minimal) documentation in support of a request for FFCRA leave.

Once the revised regulations are issued, we will have a more detailed follow-up. Don't go away!

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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