DOL Redefines Which Healthcare Workers are Eligible for Leave

The Department of Labor (DOL) published a new temporary rule redefining which healthcare workers are eligible to receive paid sick leave or childcare leave under the Families First Coronavirus Response Act (FFCRA), following an opinion issued out of the U.S. District Court for the Southern District of New York last month.  The new rule becomes effective September 16.  

Previously, the DOL had excluded all employees of healthcare facilities from the ten days of paid sick leave, and ten weeks of partially paid leave for parents of children whose schools were closed due to the pandemic provided for by the FFCRA. A federal judge invalidated that rule last month, when he found it to be over-inclusive of workers who were not involved in treatment, including maintenance and cafeteria staff in hospitals.  

The new rule limits the exclusion to “employees who are employed to provide diagnostic services, preventive services, treatment services, or other services that are integrated with and necessary to the provision of patient care.”

If you have questions about how the new DOL Temporary Rule affects you, contact us for a free, 30-minute consultation with an employment lawyer.  


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