Following Court Ruling, DOL Clarifies Rules For FFCRA Intermittent Leave And Documentation Requirements

Earlier in the pandemic, Congress passed the Families First Coronavirus Response Act ("FFCRA"), which has two main components: the Emergency Paid Sick Leave Act ("EPSLA") and the Emergency Family and Medical Leave Expansion Act ("FMLA+").  Shortly before those new provisions became effective, the United States Department of Labor ("DOL") provided additional guidance on both the EPSLA and FMLA+, which we summarized here.  In August, however, a New York federal judge vacated several provisions of the FFCRA regulations just as employers were starting to bring their employees back to the office and schools were attempting to reopen. The court's ruling created confusion for employers nationwide, and it was unclear how the DOL would respond.  That uncertainly was addressed on Friday, however, when the DOL issued a 53-page response to the court's ruling, which clarifies several issues, including intermittent leave and notice and documentation requirements under the FFCRA.