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Virus-Related Paid Leave Final Rule Awaiting White House Review

March 31, 2020, 1:03 PM

The Labor Department transmitted to the White House regulatory review office a final rule that will give some workers affected by the novel coronavirus up to 12 weeks of paid sick and family leave.

The rule, which implements the Families First Coronavirus Response Act (Public Law 116-127), will now need to undergo a very brief analysis at the White House Office of Information and Regulatory Affairs to meet the DOL’s target public release date of April 1. The emergency rules also will take effect Wednesday, although the DOL Wage and Hour Division won’t enforce the mandates for good-faith employers until April 18.

The agency sent the rule to OIRA on March 30, according to an online notice.

Generally, the regulation will require employers with fewer than 500 workers to provide two weeks of paid sick leave to employees unable to work due to the virus. Those companies also must offer up to 10 weeks of partially paid leave under expanded Family and Medical Leave Act coverage to care for a child whose school or daycare is closed from the pandemic.

To contact the reporter on this story: Ben Penn in Washington at bpenn@bloomberglaw.com

To contact the editors responsible for this story: Jay-Anne B. Casuga at jcasuga@bloomberglaw.com; Martha Mueller Neff at mmuellerneff@bloomberglaw.com

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