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A New York federal court has vacated certain aspects of the Department of Labor’s (DOL) regulations on the Families First Coronavirus Response Act (FFCRA) impacting employee leave eligibility and entitlement. This article reviews the new regulations recently released by the DOL to replace the invalidated regulations and clarify related matters. New updates include a revised work-availability requirement for paid leave, reinstatement of required employer consent for intermittent leave, documentation requirements for employers “as soon as practicable” and a redefined definition of “health care provider.” These regulations took effect on September 16, 2020. Additionally, the article provides next steps including monitoring potential legal changes, checking for DOL announcements regarding further updates and reviewing existing workplace policies for travel, work from home and leave.

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