The National Association for Home Care & Hospice is calling on the Labor Department to clarify its most recent leave exemption guidance. The organization is asking whether the exemption covers all aides and personal care service employees.

The department recently revised its guidance, after a district court in New York invalidated some provisions in the earlier directive.

Under the first guidance, the definition of a “health care provider” made it clear that nurses, therapists and home care aides were covered. But the new rule appears to be ambiguous on whether home care aides and personal care services who are not subject to a health care professional’s order or supervision also will meet the exemption requirements.

The Families First Coronavirus Response Act requires employers with fewer than 500 employees to temporarily offer paid sick and family leave under certain pandemic-related conditions. The measure also provides tax breaks intended to offset the additional compliance costs.

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