Article by IHCA INCAL

“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.”

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