Indiana Governor Expands Exclusion Under Families First Coronavirus Response Act
On April 8, 2020, Indiana Governor Eric Holcomb issued Executive Order 20-19 which expanded the definition of a “Health Care Provider” excluded from coverage under the Families First Coronavirus Response Act (the “Act”). On March 18, 2020, the Act was signed into federal law, providing certain employees with emergency paid sick leave (EPSL) and emergency Family and Medical Leave Act (EFMLA) leave beginning April 1, 2020. The Act excluded health care providers from coverage under the provisions of the Act. The United States Department of Labor had previously issued guidance which broadly defined health care providers, but the Act allowed state governors to further expand that definition. Governor Holcomb’s Executive Order expanded the definition of health care provider to include any employee or any provider of support to people with intellectual and developmental disabilities, older adults, or individuals with mental health needs, including substance abuse, funded through any state or federal program or provided through certain Federal or state services or facilities, who is providing care and support essential to activities of daily living and independence to such individuals.