Last spring, the U.S. government enacted the Families First Coronavirus Relief Act (FFCRA), which addresses paid sick leave requirements and other COVID-19-related situations pertaining to employment.
On September 16, the U.S. Department of Labor announced updated guidance on the FFRCA in response to a federal court ruling that was released in August. The DOL clarified who is or is not considered a healthcare provider using a new, narrower definition.
AAO members who have been classifying their teams as healthcare providers, thus exempting them from using paid FFCRA leave, are urged to review the updates because the exemption is more limited than it was previously. A blog post by CEDR HR (linked below) reports details concerning the updated DOL policy, covering issues such as:
● How and why the definition of a healthcare provider has changed;
● Using emergency leave on an intermittent basis;
● Paying employees when businesses are closed or no work is available;
● Leave documentation, including why it is important to document each situation in which an employee requests paid leave and your decision-making regarding whether the employee meets the exemption requirements.