Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor)

The record

Jurisdiction

United States

Level

Federal

Authority

FFCRA §§ 3102(b), 5111

Issued

2020-09-11 Sept. 11, 2020

Effective

2020-09-16 ('This rule is effective from September 16, 2020 through December 31, 2020') (read as 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 isolation

Addressees

• covered employers and employees; narrowed 'health care provider' exclusion

Functions reached

• WF
• HR (health care employers lost the broad exclusion from Sept. 16, 2020)

Collection

Federal health, safety and transport layer FED-A

Operative words

DATES: This rule is effective from September 16, 2020 through December 31, 2020.... On August 3, 2020, the District Court ruled that four parts of the temporary rule are invalid: (1) The requirement under § 826.20 that paid sick leave and expanded family and medical leave are available only if an employee has work from which to take leave; (2) the requirement under § 826.50 that an employee may take FFCRA leave intermittently only with employer approval; (3) the definition of an employee who is a 'health care provider,' set forth in § 826.30(c)(1), whom an employer may exclude from being eligible for FFCRA leave; and (4) the statement in § 826.100 that employees who take FFCRA leave must provide their employers with certain documentation before taking leave.

Enforcement

Notes