NY Federal Court Vacates Four Aspects of the DOL FFCRA Guidance, Aug. 13, 2020

A New York federal court vacated four DOL rules implementing the FFCRA paid leave provisions. The court struck down the DOL "work availability" rule, meaning that employers may be eligible for paid leave even if there is no work available (assuming they meet the criteria for paid leave). The court also vacated the DOL definition of "healthcare provider" and partially invalidated the "intermittent leave" rules. Now, New York employers cannot require employees to gain consent for intermittent leave. Finally, the court ruled that employers cannot condition FFCRA leave on advance employee documentation of the details leading to the need for paid leave. Employers located in New York (and elsewhere) should review their policies and consult with advisors to determine the best course of action in light of the new uncertainty. For more information on the FFCRA paid leave rules, visit Tax Facts Online.