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WHD Updates Question and Answer List to Clarify FFCRA In Response to Court Order

The Department of Labor’s (DOL) Wage and Hour Division added three new questions to its question and answer list regarding the Families First Coronavirus Response Act (FFCRA).

These new questions (numbered 101-103) establish that: (101) Certain provisions of DOL’s FFCRA paid leave regulations were vacated by District Court order in New York v. Scalia as of August 3, 2020, including the work availability requirement provisions, the provision requiring an employee to obtain his or her employer’s approval before taking FFCRA leave intermittently, the provision defining “health care provider” for purposes of employees whose employer may exclude them from FFCRA leave, and the provision requiring documentation of a need for leave prior to taking leave; (102) The District Court’s order vacating these provisions applied nationwide; and (103) DOL’s revised FFCRA paid leave regulations addressing the District Court’s order (which were issued on September 11, 2020) will take effect on September 16, 2020 upon publication in the Federal Register.

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