Last Friday, the US Department of Labor (DOL) issued revised regulations for the implementation of the Families First Coronavirus Response Act (FFCRA). If I’m not mistaken, that would make at least a couple of times that the agency has issued new or updated FFCRA regulations. The FFCRA was first enacted back on March 18 and DOL issued their first regulations implementing the provisions of the law – specifically with regard to coverage, eligibility, use, job restoration and the like – on April 1st. Now the agency’s latest revised regulations became effective on Wednesday of this week, September 16. In this latest iteration, the agency reaffirms that paid sick leave and expanded family and medical leave may be taken only if the employee has work from which to take leave. In other words, if an employer closes the worksite or furloughs the employee, the worker is ineligible for FFCRA leave. Likewise, the revised reg reaffirms that intermittent FFCRA leave is available only with employer approval, however as relates Emergency Family Medical Leave (EFML), DOL ruled that in the case of hybrid school schedules for an employee’s children, employer approval is not required for employees to use time off in full-day increments on distanced learning days. They reasoned that a set hybrid school schedule is not ‘intermittent leave’ but each day of school closure is a separate reason for FFCRA leave. In addition, the new regulation changes the notice requirement for an employee taking FFCRA leave to now require documentation “as soon as practicable’, rather than providing it before the leave was taken as was previously the case. The full revised regulation is available here as published in the Federal Register Wednesday.