In particular, please note that Downs Rachlin Martin’s Labor & Employment Group exclusively represents employers/management in labor and employment matters. In response to a decision of the Southern District of New York striking down portions of the April 2020 Rule issued by the Department of Labor (DOL) under the Families First Coronavirus Response Act (FFCRA), the DOL has issued an Amended Rule that takes effect on Sept. 16, 2020. Provides direction for administration of the Emergency Paid Sick Leave Act (EPSLA), which requires that certain employers provide up to 80 hours of paid sick leave to employees who need to take leave from work for certain specified reasons related to COVID-19. FFCRA sections 3102(b) (adding FMLA section 110(a)(3)), 5111. This permits employers to deny job restoration to “key employees” if “such denial is necessary to prevent substantial and grievous economic injury to the operations.” The other exception applies to employers with less than 25 eligible employees if all four of the following conditions are met: “(1) the employee took leave to care for his or her son or daughter whose school or place of care was closed or whose child care provider was unavailable, (2) the employee’s position no longer exists due to economic or operating conditions that (i) affect employment and (ii) are caused by a public health emergency (i.e., due to COVID–19 related reasons) during the period of the employee’s leave, (3) the employer made reasonable efforts to restore the employee to the same or an equivalent position, and (4) if the employer’s reasonable efforts to restore the employee fail, the employer makes reasonable efforts for a period of time to contact the employee if an equivalent position becomes available.”. The regulations clarify, expand, and build upon the previous question and answer (“Q&As”) guidance from the DOL’s Wage and Hour Division. On September 11, 2020, the Department of Labor (DOL) issued revised regulations under the Families First Coronavirus Response Act (FFCRA), which … On September 11, 2020, the U.S. Department of Labor (DOL) issued revised regulations under the Families First Coronavirus Response Act (FFCRA) following a federal court’s decision that invalidated a handful of regulatory provisions interpreting the FFCRA. /*-->*/. If an employee’s situation does not meet this eligibility criteria, the employee may still be eligible for traditional FMLA leave to care for his or her child for a COVID-19 related reason. THIS BLOG POST HAS BEEN UPDATED ON SEPTEMBER 30, 2020. [CDATA[/* >