On September 11, 2020, the U.S. Department of Labor’s Wage and Hour Division (WHD) announced revisions to regulations that implement the paid sick leave and expanded family and medical leave provisions of the Families First Coronavirus Response Act (FFCRA).

The revised rule clarifies workers’ rights and employers’ responsibilities regarding FFCRA paid leave. The rule was issued in light of the U.S. District Court for the Southern District of New York’s August 3, 2020, decision invalidating portions of the relevant regulations.

The revisions allow WHD to enforce critical legal protections for millions of workers fully and fairly.

The Department issued its initial temporary rule implementing provisions under the FFCRA on April 1, 2020. Read the revised rule, which will take effect on September 16, 2020.

News Release [09/11/2020]: U.S. Department of Labor Revises Regulations to Clarify Paid Leave Requirements under the Families First Coronavirus Response Act

Temporary Rule: Paid Leave under the Families First Coronavirus Response Act

On April 1, 2020, the U.S. Department of Labor announced new action regarding how American workers and employers will benefit from the protections and relief offered by the Emergency Paid Sick Leave Act and Emergency Family and Medical Leave Expansion Act, both part of the Families First Coronavirus Response Act (FFCRA). The Department’s Wage and Hour Division (WHD) posted a temporary rule issuing regulations pursuant to this new law, effective April 1, 2020. For more information, see www.dol.gov/agencies/whd/ffcra.

FFCRA will help the United States combat and defeat COVID-19 by reimbursing American private employers that have fewer than 500 employees with tax credits for the cost of providing employees with paid leave taken for specified reasons related to COVID-19. The legislation will ensure that workers are not forced to choose between their paychecks and the public health measures needed to combat the virus, while at the same time reimbursing businesses.