On April 10, 2020, the United States Department of Labor (US DOL) issued corrections to the Families First Coronavirus Response Act (FFCRA) temporary rule published on April 6, 2020. The Department’s summary of the corrections states:
The Department of Labor published in the Federal Register on April 6, 2020, a temporary rule to implement public health emergency leave under Title I of the Family and Medical Leave Act (FMLA), and emergency paid sick leave to assist working families facing public health emergencies arising out of Coronavirus Disease 2019 (COVID-19) global pandemic. The leave is created by a time-limited statutory authority established under the Families First Coronavirus Response Act (FFCRA), and is set to expire on December 31, 2020. The FFCRA and the temporary rule do not affect the FMLA after December 31, 2020. Through publication of this document, the Department corrects certain preamble and regulatory text.
While most of the corrections were minimal, the corrections do clarify an inconsistency between two conflicting provisions of the regulations regarding an employer’s right to require employees to use earned leave while on FMLA+ leave. Under the revised regulations, it is now clear that “an Eligible Employee may elect to use or an Employer may require that an Eligible Employee use, provided or accrued leave available to the Eligible Employee [] under the Employer’s policies, such as vacation or personal leave or paid time off, concurrently with Expanded Family and Medical Leave.” 29 CFR § 826.160(c)(1).
Temporary Rule: Paid Leave under the Families First Coronavirus Response Act
Temporary Rule correction notice
