Employment Law ALERT: Department of Labor Revises FFCRA Exclusions for “Health Care Providers”

The United States Department of Labor recently redefined which employees qualify as “health care providers” for the purpose of leave benefits under the Families First Coronavirus Response Act (“FFCRA”). Until September 16, employers even tangentially related to the medical field were able to exclude their employees from FFCRA leave benefits under a definition covering a broad range of employees.

Now, the definition includes physicians, dentists, clinical optometrists, chiropractors, nurse practitioners, nurse-midwives, clinical social workers, physician assistants, as well as any other employee whose services are “integrated with and necessary to the provision of patient care.” Notably, IT professionals, building maintenance staff, human resources personnel, cooks, food service workers, records managers, consultants, and billers are identified as positions that may no longer meet the definition.

How can Frier Levitt help?

This is a confusing transitory period for employers and workers across the country. Businesses and Human Resources departments may feel compliance with these developing laws is like hitting a moving target. Frier Levitt’s skilled employment attorneys are on the cutting edge of legal developments and are able to help clients navigate these difficult times. Since there is no “one size fits all” solution for every business. Employers should consult a skilled employment attorney, such as one at Frier Levitt, for individualized advice. Call Frier Levitt today to set up a consultation.

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