The Department of Labor (DOL) has revised several Families First Coronavirus Relief Act (FFRCA) rules that mean once again you must update your employment leave policies related to coronavirus. If you accidently violate one of the regulations, you’ll most likely have to pay back wages plus hefty fines.
Be sure to quickly make these new COVID employment leave changes to your paid time off leave requests, approvals, and payments to protect your practice from an FFCRA violation.
Narrow Your Healthcare Provider Excemption
The definition under FFCRA of who is excempt from paying paid time leave has been reeled back. DOL’s interpretation of ‘health care providers’ is too broad. All practice staff were previously interpreted as exempt because they were employed by an entity providing health care. The new rule applies the excemption at an individual level. You’ll have to look at each employee’s role to determine if they are covered under FFCRA.
Loosen Your Documentation and Periodic Leave Requirements
Under the new rules, you must make more allowances for your staff to take PTO related to COVID-19.
- Allow Flex-Time-Off: You must be flexible in how your employees take their leave time. Do not require your staff to use all their FFCRA allowed leave at one time.
- Reduce Notice Period: Your employee does not need your approval to take intermittent leave for childcare-related leave due to the coronavirus. Forego requiring your staff to submit extensive documentation to you that supports the leave request.
These revised regulations are confusing and require your immediate attention. But you don’t have to go it alone. That’s where healthcare and employment attorney, Kelly Holden, Esq, can help. By attending her online training, “New Sept. COVID-19 Employment Rules: Head Off Violation Penalties,” you’ll walk away with the exact actions you need to take comply with the newly revised COVID-19 employment rules. The expert advice you’ll receive from this online training will help your practice avoid costly FFCRA violation fines.
