Masking requirement continues in California health care settings.
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Gov. Gavin Newsom on Sept. 9 signed legislation that overrides the Families First Coronavirus Response Act’s health care provider exclusion. Assembly Bill 1867 (Reyes, D-San Bernardino) legally requires all California employers to provide emergency paid sick leave to qualified employees under the act.
The FFCRA still permits a small-business exemption for eligible businesses with fewer than 50 employees. Practice owners who have previously excluded themselves from providing paid leave under the FFCRA health care provider exemption are encouraged to seek legal counsel to find out if they could owe retroactive pay to employees.
AB 1867 requires that employers display a new workplace notice in the practice in a location where it will be clear and visible to employees. Practice owners are also encouraged to email the notice to remote employees.
Employers must update their wage statements to provide notice of the amount of paid sick leave available under FFCRA beginning the next pay period following the bill’s Sept. 9 enactment. Practice owners who fail to do so could be subject to liability. The notice can be provided either on a wage statement or in a separate writing.
Revised regulations for the Families First Coronavirus Response Act’s paid sick leave and paid family leave provisions clarify when the leave is available to employees and when they must seek approval from their employer before using the leave.
The changes, which took effect Sept. 16 and apply to employers nationwide, come after a ruling from the U.S. District Court for the Southern District of New York that found portions of the DOL’s April 1 temporary rule invalid.
The revisions do the following:
The DOL’s revised definition of “health care provider” does not apply to California employers who are still required to provide paid sick leave to qualified employees under AB 1867.
CDA’s Employer Guide to FFCRA helps employers manage their requirements related to FFCRA employee eligibility rate of pay and more.