News & Media

Breaking News: ‘Healthcare Provider’ Definition Changed for Purposes of FFCRA Exemption

Thursday, September 17, 2020

The US Department of Labor (DOL) has revised and clarified certain provisions in the Families First Coronavirus Response Act (FFCRA). These changes took effect on September 16th and healthcare employers need to pay particular attention to one of the clarifications. The DOL has redefined the term “healthcare provider” for the purposes of exempting a business from complying with the paid leave provisions under the Act. MSMS’s Human Resources Consultant, Jodi Schafer, SPHR, SHRM-SCP, with HRM Services, provides a brief, but succinct, update on this change and what it may mean to your medical practice:

Prior to this clarification, many practices have broadly applied the “healthcare provider” definition to their place of business as a whole.  Under the new definition, this broad application is no longer allowed.  Instead, a healthcare provider to whom the exemption can apply is to be determined based on the actual job duties of that individual.  Therefore, some of your employees may be exempt from the FFCRA leave requirements, while others are not.  

Because this is an evolving situation, you should consult your legal counsel before making any policy changes.  Below are links to additional information on this topic.