The Ministry of Labor issued revised rules to clarify paid leave requirements under the Families First Coronavirus Response Act, and confirms that employees may take leave only if work would otherwise be available to them.
The revisions of the DOL, which enter into force on 16 September, were in response to a decision of 3 August by the U.S. District Court in New York in S tate of New York v United States Department of Labor et al. which some experts criticized as poorly written and confusing, and whose applicability is described as unclear.
In his decision, Judge J. Paul Oetken abolished the limits for employees taking leave if there is no work available to them. The trial in the case had been filed by New York lawyer General Letitia James, who described Judge Oetken's decision as an "important gain" for the workers. Her office did not immediately respond to a request for comment.
DOL said in its statement on the audits:
-Confirm and provide further explanation of the requirement that employees may take FFCRA leave only if work would otherwise be available for
-Confirm and provide further explanation of the requirement that an employee has employer approval to take the leave intermittently.
-Changes the definition of "care provider" to include only employees who are directly involved in patient care. .
-Explains that employees must provide the necessary documentation to support their need for leave as soon as possible.
-Corrects an inconsistency regarding when employees may be required to notify their employer of the need to take extended family and medical leave.
More insurance and risk management news about the coronavirus crisis here .