DOL’s EBSA Issues Update on Emergency ERISA Deadline Extensions
The Department of Labor’s Employee Benefits Security Department (EBSA) has published EBSA Disaster Relief Notice 2021-01, which provides updated guidance regarding Employee Retirement Income Security Act (ERISA) disability claim timelines. History Last spring, in response to the COVID-19 pandemic, the Departments of Labor and Treasury published guidance extending certain timeframes under ERISA and the Internal … Continued
DOL Solidifies Position That Telemedicine Appointments Qualify as In-Person Visits Under FMLA
On December 29, 2020, the U.S. Department of Labor (DOL) published a Field Assistance Bulletin solidifying its position that telemedicine visits qualify as “in-person visits” for the purpose of establishing a serious health condition under the Family and Medical Leave Act (FMLA). Under the FMLA, one way to establish the existence of a serious health … Continued
The Department of Labor Reaffirms and Clarifies Provisions of its FFCRA Rule Invalidated by Federal District Court in New York
When the U.S. District Court for the Southern District of New York invalidated several provisions of the Department of Labor’s (“DOL’s”) FFCRA regulations last month, many employers were left wondering whether to change their policies in response to the decision. Meanwhile, the legal community debated the geographical scope of the ruling’s impact and wondered how … Continued
COVID-19 Update: DOL’s New Guidance on FFCRA School Closure Leaves
New DOL Guidance for FFCRA Leaves On Re-Opening Schools With schools reopening across the country, the U.S. Department of Labor (DOL) recently issued three new FAQs that clarify certain school closure scenarios under the Families First Coronavirus Response Act (FFCRA). The new FAQs, numbered 98-100, specifically limit FFCRA benefits to those instances when a child’s … Continued
As Businesses Reopen, the DOL Continues to Update FFCRA Q&As
On July 17, the Department of Labor (DOL) issued additional Q&As related to COVID-19. Though employers are probably exhausted by these updates, the Q&As provide guidance that will help businesses stay compliant during the pandemic. This blog summarizes the new Q&As, which are numbered 94 through 97, but we recommend that employers and their human … Continued
Federal Court Invalidates Multiple Provisions of DOL FFCRA Rule
In an August 3, 2020 Opinion and Order, the U.S. District Court for the Southern District of New York invalidated multiple provisions of the U.S. Department of Labor’s (DOL) Final Rule implementing the leave-related requirements of the Families First Coronavirus Response Act (FFCRA). The federal judge ruled that numerous provisions in the rule were unlawful … Continued
Telemedicine Visits Sufficient for FMLA Certifications Until December 31, 2020
The U.S. Department of Labor (DOL) recently announced that telemedicine visits with a health care provider will be considered in-person visits for the purposes of establishing that an employee or an employee’s family member has a serious health condition under the Family and Medical Leave Act (FMLA). As a refresher, if a serious health condition … Continued
New FMLA Forms Have Arrived!
With little fanfare, the U.S. Department of Labor (DOL) published revised model notices and forms for use with administering Family and Medical Leave Act (FMLA) leave requests. On July 16, 2020, the DOL posted the revised forms on its FMLA webpage. As we reported last August, the DOL sought public feedback on proposed changes to … Continued
FFCRA: Summer Program Closures May Trigger Leave Benefits
School work is done for this academic year and kids are moping around, bored because their summer camp plans were cancelled due to COVID-19. Are employees able to take leave under the Families First Coronavirus Response Act (FFCRA) to care for their kids because their summer programs have been cancelled? Which programs qualify and what … Continued