Today, a federal district court in the Southern District of New York vacated several provisions in the U.S. Department of Labor (DOL)'s FFCRA regulations.  As we blogged about here, the DOL issued a Final Rule on FFCRA leave back in April.  Among other things, the Final Rule lays out circumstances when an employee is not eligible for FFCRA benefits due to lack of work, and that employees may only take FFCRA leave intermittently with their employer's consent.
About 4 months ago, the State of New York challenged certain provisions of the DOL's Final Rule in federal court, alleging they "unlawfully narrow" the number of individuals covered by the FFCRA.  Now, a New York judge has sided with the State of New York.  The provisions struck down include:
  • the exclusion from benefits for employees whose employers do not have work for them (i.e., employees on furlough);
  • the requirement that employees secure consent from their employer for intermittent leave for certain qualifying reasons; and
  • the temporal requirement that documentation be provided before taking leave.
The court's decision leaves open a lot of questions for employers with less than 500 employees, including whether employees on furlough or who otherwise do not have work available are eligible for pay for a COVID-related issue.  The impact of the New York federal court's decision is yet to be seen.
Need assistance figuring out how this decision impacts FFCRA leave for your business?  Don't worry, we are here to help!
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