On April 13th, 2020

CalHR Revises Families First Coronavirus Response Act to Reflect Federal Policy

  • Departments directed to exclude health care providers and emergency responders from federal leave benefits
  • CSLEA will be discussing with Cal HR and the administration a means to equitably compensate employees who were not able to utilize the federal leave benefits.

For purposes of the exclusion:
a health care provideris “anyone employed 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, 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.”

an emergency responder is “anyone necessary for the provision of transport, care, healthcare, comfort and nutrition of such patients, or others needed for the response to COVID-19. This includes but is not limited to military or national guard, law enforcement officers, correctional institution personnel, fire fighters, emergency medical services personnel, physicians, nurses, public health personnel, emergency medical technicians, paramedics, emergency management personnel, 911 operators, child welfare workers and service providers, public works personnel, and persons with skills or training in operating specialized equipment or other skills needed to provide aid in a declared emergency, as well as individuals who work for such facilities employing these individuals and whose work is necessary to maintain the operation of the facility.”
On April 11, 2020, CalHR revised its FFCRA policy to give agencies guidance on how to apply the exclusions.  CalHR has instructed all departments to exempt classifications within the above definitions from federal leave entitlement and to submit a list of the ineligible classifications to CalHR’s Personnel Services Branch.  Attached to the revised policy is a link to a list of the departments and classifications within the health care provider and emergency responders as of the time the CalHR policy revision was issued.  The list will continue to be updated as departments complete their analysis and submissions to CalHR.

CSLEA understands that the exemptions from leave eligibility add to an already stressful environment for Unit 7 employees who are on the front lines fighting this pandemic.  The exemptions are a recognition of the vital services that these employees provide and that they are indispensable in protecting public safety.  With that understanding, CSLEA wants our first responders to know that once we are able to get through this crisis and return to some sense of normalcy, CSLEA will be discussing with CalHR and the administration a means to equitably compensate employees who were not able to utilize the federal leave benefits.

Below are links to the federal statute which sets forth the exemptions to CalHR’s policy revision and to the list of exempt classifications.

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