Breaking and associated brands will be offline for scheduled maintenance Friday Feb. 26 9 PM US EST to Saturday Feb. 27 6 AM EST. We apologize for the inconvenience.


Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Employers looking to comply with the Families First Coronavirus Response Act (FFCRA) have had a wild ride during the past several weeks. First, a federal judge in New York invalidated several parts of the U.S. Department of Labor’s (USDOL) regulations related to the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act, which are critical components of the FFCRA. Then, with what passes in a bureaucracy for blinding speed, USDOL drafted and issued new emergency regulations designed to address the issues raised by the court. With only a little more than three months left for these two programs, employers can hope that these new rules will be the final word.

In August, the court struck down (1) the provision that created a paid leave entitlement under certain circumstances for employees only if their employers had work available for them to do; (2) the expansive definition of an excludable “health care provider;” (3) the ability of an employer to withhold consent for intermittent leave; and (4) the requirement of advance documentation of the need for leave.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 1 article* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

Law Firms Mentioned


New York Law JournalBook

New York Law Journal, serving the bench and the bar since 1888

Get More Information

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.