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In March, the federal government passed the Families First Coronavirus Response Act, which contains two leave provisions. Does this law apply in California since we have our own leave laws and, if so, what am I required to provide?  

Yes, the act applies to California employers with fewer than 500 employees and all public employers. It went into effect on April 1.  However, the law contains an optional exemption for health care providers. The Department of Labor originally adopted emergency regulations that created a very broad definition of “health care provider” to include anyone who works in a hospital or other facility related to health care.  However, on August 3, a federal judge concluded the department exceeded its authority in applying such a broad definition and invalidated that portion of the regulations. 

In response, the Department of Labor revised its definition of “health care provider” to include only employees who meet the definition of that term under the Family and Medical Leave Act regulations or who are employed to provide diagnostic, preventative, or treatment services, or other services that are integrated with and necessary to the provision of patient care that, if not provided, would adversely impact patient care.  

The definition for “health care provider” expressly excludes “employees who do not provide health care services described above . . . .  even if their services could affect the provision of health care services, such as IT professionals, building maintenance staff, human resources personnel, cooks, food services workers, records managers, consultants, and billers.” 

Thus, covered hospitals may now opt out for some employees but not all. 

The revised regulations also provide clarification on other aspects of the law.  The new regulations go into effect on September 16.  In updated FAQs (#103) the Department of Labor states that the new definition of health care provider goes into effect on September 16.  Thus, it appears there is no retroactive obligation.  The department has also issued a press release.   

 As there are tax issues, the Internal Revenue Service has also issued FAQs.  (9/16)

Additional Resources

Department of Labor Guidance 
Employee Rights Poster and FAQs
General Q & A
Quick Tips Poster

This post has been archived and contains information that may be out of date.

This post has been archived and contains information that may be out of date.

I may have to layoff staff. Does California’s Worker Adjustment and Retraining Notification (WARN) Act still apply?

Only parts of the California WARN Act apply.  On March 17, the Governor issued an Executive Order suspending many aspects of the California WARN Act. The executive order suspends, starting March 4, 2020, Labor Code Sections 1402(a), 1402, and 1403 for an employer that orders a mass layoff, relocation, or termination at a covered establishment. Certain conditions apply:

Gives the written notices specified in Labor Code Section 1402(a)–(b)
Gives as much notice as is practicable, and, at the time notice is given, provides a brief statement of the basis for reducing the notification period
Orders such a mass layoff, relocation, or termination that is caused by COVID-19-related “business circumstances that were not reasonably foreseeable as of the time that notice would have been required”
For written notice given after the date of the executive order, in addition to the other elements detailed in Labor Code Section 1401(b), such written notice must contain the following statement: “If you have lost your job or been laid off temporarily, you may be eligible for Unemployment Insurance (UI). More information on UI and other resources available for workers is available at labor.ca.gov/coronavirus2019.

And employers must still comply with federal WARN. CHA has developed FAQs for both laws.

This post has been archived and contains information that may be out of date.

My hospital received a notice of complaint from the Division of Occupational Safety and Health alleging that my hospital is violating the Cal/OSHA Aerosol Transmissible Disease Standard due to my respirator conservation strategies. What are my options for respirator use and conservation given the continuing shortage?

On Aug. 6, Cal/OSHA released updated guidance on COVID-19 for Health Care Facilities: Severe Respirator Supply Shortages, which modifies the earlier June 12 guidance in three significant ways:

It does not include the extended re-use strategy whereby an employee is provided five or seven N95s that are rotated in use under specified conditions.
While it allows hospitals to continue to disinfect N95s, it requires hospitals to store them for “future shortages.”
It does not include the option for hospitals to provide facemasks for routine care of COVID-19 patients or persons under investigation.

These changes are premised on Cal/OSHA’s perspective that, “While supply chains for obtaining respirators are not fully restored, the supply of respirators for hospitals and other employers involved in patient care has improved to a point that prioritization of respirators for high hazard procedures and some other optimization strategies are not currently necessary.” The state stockpile is considered part of that supply, although there have been mixed results in fit testing the N95s provided by the state. 

In addition, the guidance provides some relief with respect to fit-testing. While not a model of clarity, Cal/OSHA Chief Parker has assured CHA that the intent of the guidance is to provide a blanket allowance for hospitals to postpone annual fit testing through November 6. Cal/OSHA has adopted some other modifications to fit-testing protocols but did not adopt all the modifications authorized by Fed/OSHA.

CHA submitted various concerns about the June 12 guidance. Unfortunately, those concerns were not addressed in the updated guidance. CHA will continue to advocate for a reasonable approach to balancing the obligations of the Aerosol Transmissible Disease Standard with the reality of the continued shortage of N95 respirators. Please contact Gail Blanchard-Saiger with any operational issues you are facing or expect to face in light of this new guidance. (8/13)

This post has been archived and contains information that may be out of date.

Hospital communities are rapidly changing in response to the COVID-19 pandemic — but our commitment to serving our members remains the same. We’d like to understand how this pandemic has impacted your hospital volunteer program so that we can better support you during this uncertain time. Please take a few minutes to fill out a short questionnaire by Friday, April 3.   

To the more than 50 hospitals who have already responded, thank you. Although many hospital volunteer programs are currently suspended, we’ve enjoyed learning how many volunteers continue making a difference in our hospitals and communities.

Here’s a brief sampling of what hospital volunteers are doing during this time.   

Volunteers from Mark Twain Medical Center in San Andreas are writing thank you notes to hospital physicians and nurses. 
Fountain Valley Regional Hospital and Medical Center volunteers are creating greeting cards for patients receiving meals. 
To keep staff fueled, auxiliary volunteers with Mercy Hospitals in Bakersfield are creating and delivering “snack packs” with candy, chips, nuts, etc. to each department within the hospital.
The volunteer auxiliary group at Sharp Grossmont Hospital in La Mesa opened an employee food pantry with perishable items allowing employees who are unable to get to the store to pick-up a couple of items.