On Saturday March 28, 2020 the Dept. of Labor issued guidance on the definition of health care provider who can be excluded from paid sick leave and the FMLA expansion under the FFCRA.

Essentially anyone who works in health care can be excluded, the Guidance states as follows:

A healthcare provider is anyone employed at any doctor’s office, hospital, healthcare center, clinic, post-secondary educational institution offering health care instruction, medical school, local health department or agency, nursing facility, retirement facility, nursing home, home health care provider, any facility that performs laboratory or medical testing, pharmacy, or any similar institution, employer, or entity This includes any site where medical services are provided that are similar to such institutions.

This also includes any person employed by an entity that contract with above institutions to provide services or to maintain the operations of the facility.

It includes anyone employed by any entity that provides medical services, produces medical products, is involved in the making of COVID-19 related medical equipment, , tests, drugs, vaccines, diagnostic vehicles, or treatments.

Others can also be designated as health care providers by the Governor of the state.

If you have any questions, please contact our Labor and Employment team.

Any information included here or through our web site is presented solely for general informational purposes and is not in any way intended as legal advice, is not a substitute for getting actual legal advice from an attorney, and should not be acted upon as legal advice without first seeking qualified professional counsel specific to your needs and situation. Additionally, by providing this general information and the information on our web site, no attorney client relationship is created.

Department of Labor Defines Healthcare Providers Who Can Be Excluded From The FFCRA

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