April 1, 2020: The agency adopts an inclusive definition of “health care providers” for purposes of possible exemption from the paid sick leave and expanded family and medical leave provisions in FFCRA
The Families First Coronavirus Response Act (FFCRA) modified the Family and Medical Leave Act (FMLA) and created a new paid sick leave policy to assist workers who contract novel coronavirus (COVID-19), are caring for family members with COVID-19, or face other extenuating family circumstances, such as a lack of child care due to school closures. However, the legislation allows for exemptions for health care providers and emergency responders and directs the Secretary of Labor to promulgate regulations within 15 days of the date of effectiveness to address, among other things, the definition of “health care provider.”
The Department of Labor (DOL) March 28 released a set of frequently asked questions, which included information on how it would define “health care provider” and “emergency responder” under the FFCRA policies. The definitions provided align with the AHA request that the department account for the broad range of health care workers who make care possible. In addition, the FAQs include information on:
- Treatment of prior leave entitlement, including leave provided by federal, state or local policies;
- How to calculate regular rate of pay;
- When these provisions are applicable and opportunities for exemptions;
- How to count workforce size and hours worked;
- When employees are eligible for each type of leave and how much they should expect to be paid;
- Utilization of multiemployer collective bargaining agreement; and
- The process for employees to file complaints.
© 2020 American Hospital Association | www.aha.org
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