DOL revises Families First Coronavirus Response Act rule expanding paid leave

The Department of Labor Friday released a temporary rule revising regulations implementing certain paid leave provisions through Dec. 31 under the Families First Coronavirus Response Act.

In response to an Aug. 3 federal court decision, the changes revise the definition of “health care provider” to include only employees who meet the definition of that term under the Family and Medical Leave Act regulations or provide diagnostic, preventative, treatment or other services integrated with and necessary to the provision of patient care, DOL said.

The rule also reaffirms that employees may take FFCRA leave only if work would otherwise be available to them, and must have employer approval to take FFCRA leave intermittently, DOL said. In addition, the rule clarifies that employees must provide required documentation supporting their need for leave as soon as practicable, and corrects an inconsistency regarding when employees may need to provide notice to employers of a need to take expanded family and medical leave.