COURT STRIKES KEY REGULATIONS ON FEDERAL PAID LEAVE
September 24, 2020
On August 24, 2020, a federal district court in New York struck down key provisions of the United States Department of Labor (DOL) regulations implementing the Families First Coronavirus Response Act (FFCRA) and its two key federal paid leave laws, the Emergency Family and Medical Leave Expansion Act (EFMLEA) and the Emergency Paid Sick Leave Act (EPSLA). The striking down of the regulations is likely to have the following impact:
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Work-availability Requirement: Previously, if an employer’s business was shut down or an employee was laid off for lack of work due to COVID-19, the individual was NOT entitled to paid leave. Until DOL issues revised regulations or appeals the decision, these employees MAY be entitled to paid leave
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Employer Consent for Intermittent Leave and Documentation Requirements: Likely to have limited impact because of difficulty of applying retroactively. These regulations required employees to obtain employer consent before taking intermittent leave and to provide the required documentation prior to taking leave.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com or 202-659-6622); Drew Derco (dderco@eckertseamans.com or 202-659-6665), or Andy Orr (aorr@eckertsemans.com or 202-659-6625).
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