NY Federal Judge Ruling Throws FFCRA Leave Rules in Chaos

On Aug. 3, a New York federal district court invalidated key provisions of the Families First Coronavirus Act (FFCRA) that govern who qualifies for emergency paid sick or paid medical leave. The NY ruling invalidated four provisions. (1) FFCRA leave can be required even when an employee has no work available to perform. This finding ignores that unemployment benefits were enhanced to cover this need. It also ignores significant Family and Medical Leave Act legal precedents. (2) Employers cannot require documentation be completed before leave begins. (3) Employer consent is not required for certain intermittent leave reasons. (4) “Healthcare provider” must be more narrowly defined to include only personnel who are necessary or relevant to the healthcare system’s “vitality.” Public employers and private employers with fewer than 500 employees need to modify their COVID-19 emergency leave policies to comply with the ruling. Employers are advised to contact legal counsel to plan their compliance response in this complex, evolving environment. Key questions to consider: Does this ruling apply only to New York, or nationwide? Will the U.S. Department of Labor (DOL), which crafted the FFCRA implementing regulations, appeal this decision? Will the DOL issue new regulations? To learn more, visit https://dmec.org/2020/08/04/new-york-district-court-vacates-parts-of-ffcra-regulations-including-healthcare-provider-definition/.

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