Episode 89: DOL Revises FFCRA Regulations in Response to August NY District Court Ruling

In this episode, Suzanne Spradley and Chase Cannon look closely at newly revised DOL regulations relating to the FFCRA. Suzanne outlines the holding in the NY court case that led to the DOL’s revisions. Suzanne and Chase outline how the DOL’s revised regulations respond to the court’s position that the FFCRA’s “work availability” requirement was unreasoned and inconsistent. Suzanne continues with an explanation and discussion on how the revised regulations reiterate that work availability and employer agreement for intermittent leave are both grounded in longstanding FMLA rules. Suzanne and Chase break down the updated definition of “health care provider” in the context of exceptions from FFCRA leave. The two then close by outlining the DOL’s revised position on employee documentation of FFCRA leave.