FFCRA Regulations Issued By U.S. Department of Labor

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On April 1, 2020, the U.S. Department of Labor (DOL) issued new regulations addressing the application (and limitations) of the Families First Coronavirus Response Act (FFCRA). The new regulations are temporary, as they take effect on April 2, 2020, without any notice-and-comment period. However, the 120+ pages of new regulations contain helpful guidance for employers, as they resolve several important questions that had been outstanding with regard to the interpretation of the statute. These regulations are in addition to the guidance issued by DOL since the FFCRA became law on March 18, 2020.

We have previously provided guidance on the FFCRA here: Update: Congress Passes Emergency Paid Sick Leave & FMLA Changes Applicable to Many Employers (March 23), U.S. Department of Labor Publishes Guidance for Paid Sick Leave and Paid FMLA Compliance (March 26), Additional Guidance for FFCRA Paid Sick Leave and Paid FMLA Compliance (March 28) and U.S. Department of Labor Issues More Guidance in Advance of FFCRA’s April 1, 2020 Effective Date (March 30).

The best and most informative guidance from the new regulations is summarized below. Employers should be mindful of these points upon receiving requests for paid leave under the FFCRA:

The new regulations regarding the FFCRA are detailed, and may require the assistance of an attorney to interpret. If you have any questions regarding the application of the FFCRA, we encourage you to contact the Labor & Employment Group at Burke, Warren, MacKay, and Serritella without delay.

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