MN bill would expand FFCRA leave for healthcare providers, first responders

The Minnesota Legislature recently introduced a bill that would provide up to 100 hours of emergency paid sick leave (EPSL) for healthcare providers and emergency responders. The proposal would fill a gap in the federal Families First Coronavirus Response Act (FFRCA), which allows covered employers to exempt such individuals from receiving EPSL.

Interplay with FFCRA

As you may remember, the FFCRA applies to private employers with fewer than 500 employees. Public employers are covered if they employ one or more employees.

Under the FFCRA, however, employers could voluntarily decide to exempt healthcare providers and emergency responders. Initially, the definition of “healthcare provider” was very broad, but new regulations issued in September 2020 limited the coverage to those who are “capable of providing health care services, meaning that the person is employed to provide diagnostic services, preventative services, treatment services, or other services that are integrated with and necessary for the provision of patient care, and, if not provided, would adversely impact patient care.”

State bill would close voluntary exemption