Significant Changes to COVID-19 Leave Provisions After Court Vacates Some DOL Regulations Interpreting Paid Leave Under the FFCRA

Judge J. Paul Oetken of the Southern District of New York found the United States Department of Labor exceeded its authority when it limited eligibility to leave under the Families First Coronavirus Response Act. The decision affects employers in New York (unless the court issues a stay pending appeal) and vacates the definition of “health care provider” and provisions regarding leave eligibility if an employer does not have work for the employee, intermittent leave approval of the employer and providing leave documentation prior to taking FFCRA leave.

To read the full text of this Duane Morris Alert, please visit the firm website.


© 2009- Duane Morris LLP. Duane Morris is a registered service mark of Duane Morris LLP.

The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

Proudly powered by WordPress