That's fine to question, but that wasn't the OP's original concern or question to this forum. The question is what happens now when they thought they were covered under FFCRA, but have found out (through their own sources, possibly legal counsel) that they are not.....it's more of an administrative/legal question than whether or not they should be covered. To me, the first two responses were stating something that I had read different elsewhere so I posted a link speaking directly to that point for both the OP and #2 and #3.
In the end, I'd suggest that the OP contact their legal counsel or source who stated they were exempt from FFCRA and ask how to deal with the fact that they already sent out some paperwork/communications to employees. To me, it's a communication to those that had prior communication that the employer has chosen to be exempted under the law as an essential healthcare provider such that employees are not covered under FFCRA. But IANAL.....just HR....
The OP has until today to make corrections under good faith with the DOL with no repercussions as long as they fix the mistake. If they exempt themselves and have already made payments under ESPL or EFMLA, I suspect they will not be able to take the IRS tax credit and will have to "eat" that mistake as the employer -- depending on whether their state allows them to "clawback" the payments --- personally i wouldn't suggest doing so in this case at this time in this environment (it's going to majorly piss off these employees if they've already been paid, etc). But again they should speak with their legal counsel and tax accountant about their specific details. This is not a DIY forum question....

