Q: The DOL recently revised, clarified and and reaffirmed parts of Families First Coronavirus Relief Act in response to the New York Court Decision on September 11th. These changes are effective September 16, 2020. What was addressed in the revision?

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A: Items addressed in Federal Law Revision 2020-20351 include:

  • Revised the definition of “health care provider” to include “only employees who meet the definition of that term under the Family and Medical Leave Act regulations or who are employed to provide diagnostic services, preventative services, treatment services or other services that are integrated with and necessary to the provision of patient care which, if not provided, would adversely impact patient care.”   Employers with healthcare providers are encouraged to pay special attention to Pages 24 through 37 of the revisions. In addition, DOL FAQ #56 has been updated to reflect this change.
  • Reaffirms that employees may take FFCRA leave only when work is actually available.
  • Reaffirms that employees must have their employer’s approval to take intermittent FFCRA leave.
  • Clarifies that documentation must be given as soon as practicable.
  • For expanded family and medical leave, advance notice is not prohibited and is typically required if the need for leave is foreseeable, such as when an employee has advance notice of a school closing.

The complete text of the revised can be found by clicking here.  The DOL has updated the FAQ for FFCRA to reflect these changes.

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