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COVID-19 HR Legal Update: Important Changes and Claifications from the Department of Labor Regulations on Federal Leave Under the FFCRA

The U.S. Department of Labor (“DOL”) has issued its regulations that tell employers how the DOL will be interpreting and enforcing the two types of federal leave created under the Families First Coronavirus Response Act (“FFCRA”). That leave includes Emergency Paid Sick Leave and expanded Family and Medical Leave (“EPSL” and “EFMLA leave” for purposes of this article). Below we have highlighted several important changes and clarifications that employers need to know about as they deal with these types of leave, which went into effect on April 1.

As you review these items, please keep in mind that many of them will need to be treated on a case by case basis. Additionally, we recommend that any decisions related to discipline, denial of leave, furloughs and layoffs, or termination of employment should be run past labor and employment counsel before such decisions are finalized.

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