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B-332081 1 (2020-04-20)

handle is hein.gao/gaobaebcf0001 and id is 1 raw text is: GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-332081 April 20, 2020 The Honorable Lamar Alexander Chairman The Honorable Patty Murray Ranking Member Committee on Health, Education, Labor, and Pensions United States Senate The Honorable Robert C. Bobby Scott Chairman The Honorable Virginia Foxx Ranking Member Committee on Education and Labor House of Representatives Subject: Department of Labor, Wage and Hour Division: Paid Leave Under the Families First Coronavirus Response Act Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the Department of Labor (DOL), Wage and Hour Division entitled Paid Leave Under the Families First Coronavirus Response Act (RIN: 1235-AA35). We received the rule on April 6, 2020. It was published in the Federal Register as a temporary rule on April 6, 2020. 85 Fed. Reg. 19326. The effective date of the rule is April 2, 2020, through December 31, 2020. The operational date of the rule is April 1, 2020. The temporary rule establishes new regulations governing paid leave requirements. According to DOL, this action implements two emergency paid leave requirements created under the Families First Coronavirus Response Act, as amended (FFCRA), enacted in response to the Coronavirus Disease 2019 (COVID-19) global pandemic. Pub. L. No. 116-127, div. C, E, 134 Stat. 178, 189, 195 (Mar. 18, 2020), amended by Pub. L. No. 116-136, div. A, §§ 3601, 3602, 3611, 134 Stat. 281, 410, 414 (Mar. 27, 2020). DOL states that FFCRA entitles certain employees to take up to 2 weeks of paid sick leave, and permits certain employees to take up to 12 weeks of expanded family and medical leave, 10 of which are paid, for specified reasons related to COVID-19. DOL asserts that this temporary rule implements these statutory requirements. According to DOL, after December 31, 2020, FFCRA and this temporary rule do not affect the Family and Medical Leave Act (FMLA), 29 U.S.C. §§ 2601-2654. The Congressional Review Act (CRA) requires a 60-day delay in the effective date of a major rule from the date of publication in the Federal Register or receipt of the rule by Congress, whichever is later. 5 U.S.C. § 801(a)(3)(A). The 60-day delay in effective date can be waived, however, if the agency finds for good cause that delay is impracticable, unnecessary, or contrary to the public interest, and the agency incorporates a statement of the findings and its reasons in the rule issued. 5 U.S.C. §§ 553(b)(B), (d), 808(2). Here, although DOL did not

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