On March 29, the DOL issued guidance (see Resources, below) that makes it clear that the definition of “health care provider” will be interpreted quite expansively – far more broadly than pre-existing FMLA regulations. The DOL’s guidance affords most providers an option to exclude their employees from the coverage of FFCRA, meaning that staff will not be eligible for the Public Health Emergency Leave and Emergency Paid Sick Leave benefits described below. This clarification from DOL recognizes important role that direct care staff will play in fighting the coronavirus outbreak and the public need for staff to be available to help respond to the public health emergency
It appears that the DOL intends for a very broad interpretation aimed at providing the employers of health care workers flexibility in determining whether they want to, or can, grant their employees the leave offered under the FFCRA. Based upon the guidance, providers are able to opt out of FFCRA and not offer Public Health Emergency Leave and/or Emergency Paid Sick Leave under FFCRA if it would impact their operations. However, employers of health care workers are still subject to the leave requirements under the FMLA, ADA, and other existing laws. Further, employers should continue to ensure that employees who have symptoms of COVID-19 or are otherwise sick are encouraged not to come to work.
There are two key portions of the FFCRA that are of particular interest to employers. First, the “Emergency Family and Medical Leave Expansion Act” provides some significant expansions to the Family and Medical Leave Act (“FMLA”) in response to the coronavirus outbreak. Second, the “Emergency Paid Sick Leave Act” creates new requirements for paid sick leave for certain employees. Both will be summarized below.
Not surprisingly, there are some unanswered questions in these laws resulting from the fact that they were drafted and enacted quickly. We expect regulations and guidance to be issued by the Secretary of Labor in the coming days and weeks, and will update as such information becomes available.
The material provided on this page is intended to be informational only and is not intended to be nor is it legal advice. EVOLVE Legal Solutions LLC (EVOLVE) disclaims any and all liability related to or arising from the information contained in this publication. This information is provided “as is” without any express or implied warranty. EVOLVE makes no guarantee that this material will meet your requirements or be of use to you for any specific purpose or application. To the extent this material references any laws or guidance, those references are federal only, and users should consult with their legal counsel regarding any additional and/or conflicting state laws.
Employees unable to work for certain specified reasons will be entitled to up to two weeks of paid sick leave...
FMLA is expanded to create an entirely new category of leave. Eligible employees will not be entitled to leave for a “qualifying need...
A policy to reflect emergency sick leave benefits required by the Families First Coronavirus Response Act (FFCRA)...
A policy for employers who would not otherwise be covered by FMLA (i.e., fewer than 50 employees) to reflect leave benefits required by...
This policy is intended for use by employers who do not choose to exempt their employees who are “health care providers” from the...
This poster is the DOL’s notice of employee’s rights under the Families First Coronavirus Response Act...
Because the key employment components of the Families First Coronavirus Response Act (FFCRA) are tied into the FMLA and/or explicitly...
Without question, the most common question we have been receiving about the Families First Coronavirus Response Act (FFCRA) has been..
