Revised DOL Regulations Regarding Paid Leave Take Effect Today

Posted on September 16, 2020 by Kari Thurlow

The U.S. Department of Labor’s Wage and Hour Division (WHD) has posted revisions to regulations that implemented the paid sick leave and expanded family and medical leave provisions

of the Families First Coronavirus Response Act (FFCRA). Read the revisions to that temporary rule, that are effective today, Sept. 16, 2020.

For LeadingAge Minnesota members, the most important update is the change to the definition of health care provider in the context of an employer’s option to exclude such employees from the leave entitlement under the FFCRA. Initially, the DOL regulations defined health care provider very broadly, which essentially allowed exemptions for all employees of health care providers, regardless of the types of services employees actually provided. A federal court determined this exemption was too broad, so DOL has narrowed the definition to comply with the Court’s decision.

The revisions now only allow employers to exempt certain employees from FFCRA leave. Those employees not involved in the provision of health care services can no longer be exempted from FFCRA leave. Please review the summary of the revisions prepared for LeadingAge Minnesota members by Penny Phillips, Attorney with Felhaber Larson. In addition, LeadingAge National has updated their FAQs and you can also view the updated Labor Department FAQs.

If you have labor and employment law questions, please contact Kari Thurlow, Senior Vice President of Advocacy, at kthurlow@leadingagemn.org.