New Court Ruling Creating ‘Tremendous Amount of Confusion’ Over Paid Leave in Home Care

POSTED ON MONDAY, August 10, 2020 

Last week, the Southern District of New York ruled that under the Families First Coronavirus Response Act (FFCRA), many home-based care agencies are no longer considered health care providers, meaning they’ll now be forced to abide by robust federal paid-time-off mandates.

“There’s a tremendous amount of confusion [over this], and I think that a lot of providers do not understand what the impact of this decision is — and what it means,” Angelo Spinola, an attorney and shareholder at law firm Littler Mendelson, said on an emergency, industry-wide webinar addressing the ruling Thursday.

“[A great deal of providers] will no longer be able to utilize — at least as of today — the health care provider exemption,” Spinola said. “That’s irrespective of what kind of employees — caregivers or office staff. That’s the major takeaway.”

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