DOL Revises FFCRA Regulations, Potentially Sparing Home-Based Care Providers

Posted on Monday, September 21, 2020

When the Families First Coronavirus Response Act (FFCRA) home-based care providers were predominantly exempt from its mandates.  Specifically, the significant paid sick and family time leave during this pandemic.

In August, the Southern District of NY found that the DOL had exempted too many care providers.  Last week, the DOL revised its exemptions to FFCRA due to the ruling in NY.

“Among the revisions: an adjustment to the definition of “health care provider.” The definition now only covers employees who meet the meaning of that term under Family and Medical Leave Act regulations, or those who “provide diagnostic services, preventative services, treatment services or other services that are integrated with and necessary to the provision of patient care, which, if not provided, would adversely impact patient care.”

That revision potentially bodes well for home-based care providers, legal experts believe.”

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