This definition applies to any type of facility (permanent or temporary) where medical services are provided and includes people employed by entities that contract with these types of employers to provide services or maintenance to them. The definition of “health care provider” is expansive and includes anyone employed at any doctor’s office, hospital, health care center, clinic, nursing facility, retirement facility, nursing home, home health care provider, lab, pharmacy and other similar types of facilities or employers. Small businesses are not exempted from providing EPSLA leave for other COVID-19-related reasons.Īll employees (including part-time employees) are eligible for EPSLA benefits regardless of how long they have been employed with their employer.Įmployers may exclude an employee who is a “health care provider” or an “emergency responder” from taking EPSLA leave. However, small businesses are not required to provide this documentation to the DOL. Small businesses must document their determination to elect the small business exemption and retain supporting records in their files for four years. There are not sufficient workers who are able, willing, and qualified, and who will be available at the time and place needed, to perform the labor or services provided by the employee requesting leave under the EPSLA, and these labor or services are needed for the small business to operate at a minimal capacity.The absence of the employee requesting leave would entail a substantial risk to the financial health or operational capabilities of the business because of their specialized skills, knowledge of the business, or responsibilities or.Providing the requested leave would result in the small business’s expenses and financial obligations exceeding available business revenues and cause the small business to cease operating at a minimal capacity.In general, two or more entities are separate employers for purposes of EPSLA unless they meet the integrated employer test under the Family and Medical Leave Act (FMLA).Įmployers with fewer than 50 employees may be exempt from providing child care-related leave under EPSLA if doing so “would jeopardize the viability of the business as an ongoing concern.” This requires an authorized officer of the business to make a determination that: Joint employment status is a fact-based inquiry that is not determined by an individual’s tax treatment. If two entities are joint employers, all of their common employees are counted as part of the employee population. Links to more explanatory materials are available here. The DOL has issued regulations explaining this test in detail here. Two corporations are separate employers unless they are joint employers under the FLSA with respect to employees. A corporation (including its separate establishments or divisions) is considered a single employer. Related corporations will need to assess whether their shared employees render them joint or integrated employers under the Fair Labor Standards Act (FLSA). Independent contractors need not be counted. Day laborers supplied by a temporary agency.Temporary employees jointly employed by another employer and.Additionally, the following individuals must be counted: territories) are counted in determining whether an employer is covered under EPSLA. Only employees working in the United States (including the District of Columbia and U.S. 31, 2020.ĮPSLA covers certain public employers and all private employers with fewer than 500 employees. Leave benefits under the EPSLA expire on Dec. EPSLA benefits are not retroactive, and an employer cannot deny an employee leave under EPSLA even if the employer provided paid leave to an employee for reasons related to COVID-19 prior to April 1, 2020. The effective date of the FFCRA is April 1, 2020. A companion article discussing EFMLEA is available on our website here. This article provides a comprehensive overview of the EPSLA for employers. The DOL continues to publish guidance on its website concerning the FFCRA. Corrections to these regulations were later published on April 10, 2020. Department of Labor (DOL) issued temporary regulations bolstering and clarifying these provisions of the FFCRA. Both EFMLEA and EPSLA provide paid leave to employees for reasons related to COVID-19. The FFCRA contains two key provisions for employers – the Emergency Family and Medical Leave Expansion Act (EFMLEA) and the Emergency Paid Sick Leave Act (EPSLA). On March 18, 2020, President Trump signed the Families First Coronavirus Response Act (FFCRA) into law.
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