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  1. #1

    Default Epsl/ Efmla Request Paperwork Sent to EE, but Now My Industry is Exempt. What to Do?

    My question involves labor and employment law for the state of: Louisiana

    My company/industry received confirmation that we are now exempt from EPSL and EFMLA and designated as essential healthcare providers.

    The problem is we've had a few people on leave because of Covid reasons before we were notified of exemption. We had sent them all request leave forms specifically designrd for EPSL and EFMLA to start the process of putting them on leave and getting them paid.

    None of them have returned the form just yet, but what now?

    We know these EEs have valid reasons to be out, meaning they legitimately fall within one of the 6 reason for paid leave. Now that we are exempt, moving forward we know we are not obligated, but what to do about those EEs who have received paperwork already?

    How does this impact us legally?

  2. #2
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    Default Re: Epsl/ Efmla Request Paperwork Sent to EE, but Now My Industry is Exempt. What to

    I don't think that your company being designated essential makes any difference when it comes to furloughs and paid leave. All it means is that your company doesn't have to close. It can be open. Some state are requiring essential business to cut the presence of on site employees by 30 or 50% .

    I hesitate to post links on this subject because most are commercial sites. But if you Google EPSL and EFMLA you will find very good explanation of your situation.

  3. #3
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    Default Re: Epsl/ Efmla Request Paperwork Sent to EE, but Now My Industry is Exempt. What to

    Being classified as essential has no effect on EPSL and EFMLA. Both of those programs are based on the employee needs not the employer.

  4. #4
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    Default Re: Epsl/ Efmla Request Paperwork Sent to Ee, but Now My Industry is Exempt. What to

    https://ogletree.com/insights/the-ff...cy-responders/

    n March 28, 2020, the U.S. Department of Labor’s (DOL) Wage and Hour Division released an updated set of “Questions and Answers” (Q&As) that provide additional guidance concerning health care providers and emergency responders (question numbers 55, 56, and 57). The Emergency Family and Medical Leave Expansion Act (EMFLEA) and the Emergency Paid Sick Leave Act (EPSLA) authorize the DOL to issue regulations to exempt health care providers and emergency responders from eligibility for coverage under the FFCRA. In addition, the FFCRA provides that employers of health care providers and emergency responders may elect to exclude these employees from coverage.....

  5. #5
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    Default Re: Epsl/ Efmla Request Paperwork Sent to Ee, but Now My Industry is Exempt. What to

    How do you know that OP's company is either in the business of health care providing or are emergency responders? How do you know that OP's company is not a manufacturer of essential goods or other exempt business which would not make their employees exempt from coverage?

  6. #6
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    Default Re: Epsl/ Efmla Request Paperwork Sent to Ee, but Now My Industry is Exempt. What to

    Quote Quoting budwad
    View Post
    How do you know that OP's company is either in the business of health care providing or are emergency responders? How do you know that OP's company is not a manufacturer of essential goods or other exempt business which would not make their employees exempt from coverage?
    >My company/industry received confirmation that we are now exempt from EPSL and EFMLA and designated as essential healthcare providers.


    How do you know they aren't? I am going on the OP's direct wording that they ARE designated as essential healthcare providers..... I don't know directly any more than any of the rest of us out here, but I wanted to point out that there are exceptions and even the OP posted they were notified of their exemption (they didn't say by who or why)..... I'm taking their word that they are exempt and answered back that yes, there are exceptions and posted a link to help....

  7. #7
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    Default Re: Epsl/ Efmla Request Paperwork Sent to Ee, but Now My Industry is Exempt. What to

    Many businesses and industries have be deemed essential and they don't have to be (or are ) healthcare provider. I question whether or not OP's business is in the healthcare provision sector such as doctors offices, emergent care facilities, laboratories, etc. Manufacturing essential goods does not make a business a healthcare provider. So until OP comes back and tells us what business they are in, I will wait to comment on that aspect of the post.

    From your link:

    Definition of a Health Care Provider

    The FFCRA states:

    The term “health care provider,” as used to determine individuals whose advice to self-quarantine due to concerns related to COVID-19 can be relied on as a qualifying reason for paid sick leave, means a licensed doctor of medicine, nurse practitioner, or other health care provider permitted to issue a certification for purposes of the FMLA.


    Employees Excluded From Coverage Under the FFCRA

    Health Care Providers

    The DOL states that excluded health care providers include any of the following persons:

    Employees who work “at any doctor’s office, hospital, health care center, clinic, post-secondary educational institution offering health care instruction, medical school, local health department or agency, nursing facility, retirement facility, nursing home, home health care provider,”

    Employees who work at “any facility that performs laboratory or medical testing, pharmacy, or any similar institution, employer, or entity. This includes any permanent or temporary institution, facility, location, or site where medical services are provided that are similar to such institutions.”

    Employees who work for an entity who “contracts with any of the above institutions, employers, or entities institutions to provide services or to maintain the operation of the facility.”

    Employees who work for entities providing “medical services, produces medical products, or is otherwise involved in the making of COVID-19 related medical equipment, tests, drugs, vaccines, diagnostic vehicles, or treatments.”

    Employees “that the highest official of a state or territory, including the District of Columbia, determines is a health care provider necessary for that state’s or territory’s or the District of Columbia’s response to COVID-19.”
    In my state of NJ, the DOL has given hundreds if not thousands of exemptions to company that make products that are not COVID-19 related but they are still essential products. Such as sanitary wipes, masks and other PPE, hand sanitizers, manufactures, packagers, supply chine logistics, and the list goes on.

  8. #8
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    Default Re: Epsl/ Efmla Request Paperwork Sent to Ee, but Now My Industry is Exempt. What to

    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....

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