On September 11, 2020, the U.S. Department of Labor (“DOL”) issued revised regulations under the Families First Coronavirus Response Act (“FFCRA”) following a decision from the U.S. District Court for the Southern District of New York which invalidated portions of the DOL’s initial, temporary rule.

In its revised regulations, which took effect on September 16, 2020, the DOL made the following changes:

• Employees are no longer required to submit documentation prior to taking leave, but now must provide documentation “as soon as practicable”.

• The DOL also clarified that employees must receive employer approval to take intermittent leave. An employer may assess each request for intermittent FFCRA leave on a case-by-case basis to determine the impact of such leave on its operations.

• Finally, the DOL narrowed the definition of those who qualify for the health care provider exemption under the FFCRA. Under the revised rules, health care providers are limited to those classified as health care providers under the Family and Medical Leave Act (“FMLA”) and individuals employed to provide diagnostic services, preventive services, treatment services, or other services integrated with and necessary to patient care.

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