April 2, 2020
As indicated immediately above, the DOL issued a new temporary rule regarding paid leave requirements for employers under FFCRA. Of note to healthcare employers, however, is that FFCRA provides an exemption for “health care providers” and “emergency responders” from these paid leave requirements. In its Frequently Asked
Questions (“FAQs”), the DOL addresses the definition of “health care provider” and “emergency responder” for purposes of applying the exemption. See FAQ Nos. 55-57. See also the American Hospital Association (“AHA”) Special Bulletin regarding the FFCRA paid leave exemptions for health care providers and first responders.