MORE EMPLOYEES ELIGIBLE FOR FFCRA PAID LEAVE – DOL Update

MORE EMPLOYEES ELIGIBLE FOR FFCRA PAID LEAVE
UNDER NEW DOL DEFINITION OF HEALTH CARE PROVIDER

Effective September 16, 2020, more employees will be eligible under the
Families First Coronavirus Response Act (FFCRA) when the new Department of
Labor (DOL)’s rule—redefining “health care provider” who may be excluded by
their employer from paid sick leave and/or expanded family and medical leave—
goes into effect. Under the previous rule which broadly defined a “health care
provider,” employees who were employed at a doctor’s office, hospital or health
care center could be excluded regardless of whether or not they provide patient
care services.

Under the new rule, a “health care provider” who may be excluded from
FFCRA paid leave requirements includes:
(1) anyone who is a licensed doctor of medicine, nurse practitioner, or
other health care provider permitted to issue a certification for
purposes of the FMLA;
(2) any other person who is employed to provide diagnostic services,
preventive services, treatment services, or other services that are
integrated with and necessary to the provision of patient care and, if
not provided, would adversely impact patient care (employees who
provide direct patient care services such as nurses, nurse assistants,
and medical technicians, employees who directly assist or are
supervised by a direct provider of patient care services, or employees
who do not provide direct heath care services to a patient but are
otherwise integrated into and necessary to the provision those
services such as a laboratory technician who processes medical test
results to aid in the diagnosis and treatment of a health condition).

The DOL Questions and Answers on the FFCRA which includes the updated
definition of “health care provider” is available at
https://www.dol.gov/agencies/whd/pandemic/ffcra-questions#56.

We continue to closely monitor the situation and update this information to
provide the latest workplace and legal developments related to Covid19. We
expect your questions and our answers will change as the situation develops. For
answers to your specific questions and for the newest developments, please visit
our website at www.donnellygross.com/covid-19-resources/ and contact us at
Donnelly + Gross at 352-374-4001 or directly by email:

Paul Donnelly paul@donnellygross.com  
Laura Gross laura@donnellygross.com
Jung Yoon jung@donnellygross.com
Jim Brantley jim@donnellygross.com
Cole Barnett cole@donnellygross.com

We are here to support you.