It looks like you have an older browser that is not supported by this site. Please click here to update.

Department of Labor Guidance on New Leave Benefits Excludes Health Facility Employees - IHCA

It looks like you have an older browser that is not supported by this site. Please click here to update.

Article Open to All

Department of Labor Guidance on New Leave Benefits Excludes Health Facility Employees

Posted Mar 29, 20204 min Read

Back

In response to AHCA/NCAL’s advocacy to include nursing home, assisted living, and ID/DD staff in their definition of “health care provider,” the Department of Labor has published guidance to address exemptions and employer requirements to the expanded Family Medical Leave Act and sick leave benefits included in the recently passed Families First Coronavirus Response Act.

Of note, the Department’s exemptions FAQ (see #56) states that the “health care provider” exemption to these new leave requirements applies to “anyone employed at any… nursing facility, retirement facility, nursing home, home health care provider… This includes any permanent or temporary institution, facility, location, or site where medical services are provided that are similar to such institutions.”  The exemption also applies to employees of contractors with the above institutions who “provide services or to maintain the operation of the facility.”  Employers with over 500 employees are also exempted.  Please review this FAQ closely.

To minimize the spread of the virus associated with COVID-19, the Department encourages employers to be judicious when using this definition to exempt health care providers from the provisions of the FFCRA.

Additionally, the Department of Labor has posted an Employer Fact Sheet and an Employer Notice Requirements FAQ.

Staffing Emergencies

  • IHCA/INCAL hosted an all-member call on 3/26 on Operationalizing CMS’s Infection Control Protocol. That webinar slides are posted here. During the webinar, IHCA/INCAL shared guidance on preparing for a staffing emergency in your facility (see page 10, slide 29 of the “IC Protocol Webinar PPT” document, shared roughly 75 minutes into the webinar recording).
  • AHCA/NCAL (4.27.20) has created a resource document Addressing Workforce Shortages Due to COVID-19.

Personal Screening and Return to Work Screening

During the COVID-19 pandemic, the Centers for Medicare and Medicaid Services (CMS) and the Centers for Disease Control and Prevention
(CDC) are directing facilities to screen healthcare personnel (HCP) prior to allowing them to work or provide services in the facility. AANAC, AAPACN, and AADNS have created a screening questionnaire for health care professionals, as well as screening questions for HCP’ returning to work. Access the questionnaire here.

Child Care Resources

IHCA/INCAL engaged the Indiana Family and Social Services Administration Office of Early Childhood and Out of School Learning (OECOSL) regarding available child care options and supports for our workforce and their children.  There are two main options:

  1. The OECOSL can work with employers to establish “pop-up” child care for any facility, in partnership with Early Learning Indiana and resources in your local area.  This opportunity may permit employers to pay for all of the child care facility directly for use by employees and children or partner to establish new child care options for employees to access with their own resources.  Daycare options can be set up rapidly – within days to a week.
  2. Another option offered by the OECOSL is by engaging their team to scout out open slots at existing daycare centers in areas of need to then generate a list of availability that employer can provide to employees.

For assistance with either of these options contact Nicole Norvell, Director, Office of Early Childhood and Out of School Learning, 317.234.3313 or Nicole.Norvell@fssa.IN.gov.