Home Health & Hospice Week

A Department of Labor frequently asked question set from March may not be the final answer on whether home care providers are exempt from expanded sick and family leave under the Families First Coronavirus Response Act.

Then: In the FAQs, the DOL specified a list of provider types that are exempt, including a “home health care provider” and “any similar institution, employer, or entity.” Most HH and hospice providers considered themselves included in that list.

Now: On Aug. 3, in response to a legal challenge by the state of New York, a New York federal district judge struck down portions of the DOL final rule providing FFCRA guidance, including the rule’s “health care provider” definition, note attorneys with law firm Littler in online analysis.

“This is likely not the last or even highest court to interpret the DOL’s Final Rule, and litigation over the FFCRA and the DOL’s interpretation of the statute may continue for the foreseeable future,” advise attorneys with law firm Reed Smith in online analysis. Copycat lawsuits in other jurisdictions are likely to be filed.

To do: Keep an eye on the DOL, which could take action including “anything from seeking a stay, appealing the decision, or creating new rules or interim guidance,” the Littler attorneys advise.

The FAQs may change, point out attorneys Joshua Seidman and Tracy Billows with Seyfarth. Make sure your labor policies are in accordance with any new guidance.