The Labor Department announced that employers with less than 50 employees may be exempted from a provision in the Families First Coronavirus Response Act that requires them to provide emergency paid sick leave and expanded medical leave to employees in certain COVID-19 circumstances. This announcement was made on April 1, 2020, and dental practices are included in this exemption.
This is a temporary rule announcement and in order for an employer with less than 50 employees to be exempt, they need to meet one of three criteria showing that “providing the leave” will be a burden on the business:
- The leave would cause “the small employer’s expenses and financial obligations to exceed available business revenue and cause the small employer to cease operating at a minimal capacity.”
- The employee or employees’ absence or leave request “would pose a substantial risk to the financial health or operational capacity of the small employer because of their specialized skills, knowledge of the business or responsibilities.”
- The small employer “cannot find enough other workers who are able, willing and qualified, and who will be available at the time and place needed, to perform the labor or services the employee or employees requesting leave provide, and these labor or services are needed for the small employer to operate at a minimal capacity.”
The full details can be found on pages 39-40 of the temporary rule. The American Dental Association (ADA) has more information about this temporary rule on their website.
We are continuously following developments as it relates to COVID-19 and will be sharing all relevant information as it comes available. We recommend checking out the resource center available from our affiliate partner, Rea & Associates. There you will find financial resources for employers, HR compliance & safety resources and recordings from previous webinars and information about upcoming ones that cover a variety of topics to help your dental practice during COVID-19.
And, as always, the team at PMA Practice Transitions is here to help you! Contact us today with any questions you may have.