WASHINGTON—The Department of Labor (DOL) has issued a temporary rule to address some issues with its implementation of public health emergency leave under the Family Medical Leave Act (FMLA) and emergency paid sick leave related to the coronavirus pandemic.
The Emergency Paid Leave Act and the Emergency Family and Medical Leave Expansion Act were enacted as part of the Phase 2 coronavirus relief package. As credit unions have worked to understand the provisions and implement changes, NAFCU's Compliance Team published a blog post and FAQs to address concerns.
The DOL previously released a temporary rule to implement these provisions, by a New York district court found some portions of the rule invalid.
What the Rule Does
The revised temporary rule, set to publish in the Federal Register today:
- Reaffirms that an employee can only take emergency paid sick leave and expanded family and medical leave under FFCRA it they have work from which to take leave
- Clarifies that this requirement applies to all qualifying reasons to take paid sick leave and expanded family and medical leave
- Reaffirms that an employee must obtain the employer’s approval to take emergency paid sick leave or expanded family and medical leave intermittently
- Explains the difference between intermittent and additional requests for leave
- Revises the definition of “health care provider"
- Revises a section to clarify that the information the employee must give the employer to support the need for leave should be provided to the employer as soon as practicable
- Revises a section to clarify that notice of expanded family and medical leave must be provided as soon as practicable