On August 3, 2020, a federal district judge ruled that the U.S. Department of Labor (DOL) exceeded its authority with respect to certain paid-leave eligibility requirements when interpreting the Families First Coronavirus Response Act (FFCRA).

Although the decision was issued by a federal district court in New York, employers in California should follow its interpretation until an appellate court reviews the decision or other courts weigh in on the issues. (You can read the full opinion here.)

Here are the key takeaways:

1. Employers Must Provide FFCRA Leave Even When There is Not Work Available.
2. Employers May Only Ban Intermittent Leave When It Poses a Higher Risk of Infection.
3. Employers May Not Impose Documentary Requirements as a Precondition to Leave.
4. The DOL's Definition of "Health Care Provider" is Too Broad.

Get more details on each takeaway here >>

What Employers Need to Know:

For now, employers should follow the court’s interpretation regarding work availability, intermittent leave, documentation requirements, and the definition of a "health care provider." Employers may refer to DOL guidance regarding all other FFCRA issues.