Temporary rule (revision), Paid Leave Under the Families First Coronavirus Response Act, 85 Fed. Reg. 57677 (Sept. 16, 2020)

The record

Jurisdiction

United States Department of Labor, Wage and Hour Division (federal agency)

Level

Federal

Authority

Same as Ex. 001; issued in response to New York v. U.S. Dep't of Labor, No. 20-cv-3020 (S.D.N.Y. Aug. 3, 2020)

Issued

2020-09-11 Sept. 11, 2020

Effective

2020-09-16

End

2020-12-31

In force

Sept. 16, 2020 to Dec. 31, 2020

Quarters

2020 Q32020 Q4

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Limitation types

Schools and child careWorkplace rulesQuarantine and isolationOther

Addressees

• private employers with fewer than 500 employees
• certain public employers
• health care providers (narrowed exclusion)

Functions reached

• WF mandated leave continues to Dec. 31, 2020 with a narrowed health-care exclusion
• HR documentation and notice timing rules revised
• OP payroll and recordkeeping

Collection

Federal labor and immigration agencies AGY-FED-LABOR-IMMIGRATION

Operative words

DATES: This rule is effective from September 16, 2020 through December 31, 2020.... The Department reaffirms that paid sick leave and expanded family and medical leave may be taken only if the employee has work from which to take leave and explains further why this requirement is appropriate.... 3. The Department revises the definition of 'health care provider'... to appear at 826.30(c)(1)... 4. The Department revises 826.100 to clarify that the information the employee must give the employer to support the need for his or her leave should be provided to the employer as soon as practicable.... 826.90(b): Notice may not be required in advance, and may only be required after the first workday (or portion thereof) for which an Employee takes Paid Sick Leave.

Enforcement

Notes