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U.S. Department of Homeland Security: Chiropractors Essential Critical Infrastructure Workers

Below is our review of a memorandum we have received from the U.S. Department of Homeland Security. They have specifically listed chiropractors on their list of healthcare and public health workers deemed Essential Critical Infrastructure Workers during this pandemic.

We believe this listing further substantiates what we’ve been advocating for in our state, and is consistent with recent state orders: Doctors of Chiropractic are essential workers during this epidemic and able to continue to treat patients that they clearly believe need care to “sustain and protect life.”

And, very importantly, the MAC continues to highly recommend that doctors who decide to continue to treat patients under the State orders follow CDC requirements for safety and prevention, and recommendations for allowing employees and consultants the right to decide if they need to stay at home. Our memos relating to all the Governor’s orders can be found on our website. Watch for additional information related to this crisis through our “COVID-19 Updates” link on our website.

CISA Memorandum
On March 28, 2020, the U.S. Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA) updated their “Memorandum on Identification of Essential Critical Infrastructure Workers During Covid-19 Response” to include chiropractors.

CISA executes the Secretary of Homeland Security’s authorities to secure critical infrastructure. Consistent with these authorities, CISA works in collaboration with other federal agencies, State and local governments, and the private sector, to develop an “Essential Critical Infrastructure Workforce” advisory list. This list is intended to help State, local, tribal, and territorial officials as they work to protect their communities, while ensuring continuity of functions critical to public health and safety, as well as economic and national security. CISA’s original memorandum, dated March 19, 2020, did not include chiropractors on the list of Healthcare and Public Health workers deemed Essential Critical Infrastructure Workers during the pandemic.

Are Chiropractors Exempt from FFCRA Paid Leave Requirements?

On March 18, 2020, President Trump signed into law the Families First Coronavirus Relief Act (FFCRA). This new law, which becomes effective April 1, 2020, contains two provisions that apply to employers during the COVID-19 pandemic: The Emergency Family and Medical Leave Expansion Act (Emergency FMLA) and the Emergency Paid Sick Leave Act.


Since the law passed, we have been getting questions from chiropractors asking if they are exempt from these provisions.

On March 29, 2020, the U.S. Department of Labor published updated guidance regarding these provisions, specifically, exemptions to employers that must adhere to these provisions under the Act, which exempted “health care providers” from having to provide Emergency FMLA or Emergency Paid Sick Leave. The guidance states:


Who is a “health care provider” who may be excluded by their employer from paid sick leave and/or expanded family and medical leave?

For the purposes of employees who may be exempted from paid sick leave or expanded family and medical leave by their employer under the FFCRA, a health care provider is anyone employed at any doctor’s office… This definition includes any individual employed by an entity that contracts with any of the above institutions, employers, or entities institutions to provide services or to maintain the operation of the facility…

Chiropractors are included in the U.S. Department of Labor’s definition of health care provider and would be therefore be exempt from having to provide Emergency FMLA leave and Emergency Paid Sick Leave to their employees under the Act.

This does not mean that health care provider employers cannot provide their employees with these benefits, just that they are not required to under the Families First Coronavirus Relief Act.


Disclaimer
: The Michigan Association of Chiropractors is a professional association advocating for the rights of chiropractors and their patients across the state of Michigan. We are NOT a state agency or regulatory body. We are merely informing our membership regarding what they are allowed to do during this difficult and confusing time.

The information we provide during this pandemic is derived in conjunction with our governmental relations and legal experts, developed after examination of all official releases of information from the State of Michigan and in consultation with said experts and representatives from state government. Please refer to our emails and website for the latest information, free from speculation and the rumors currently circulating in the wake of official state actions.

Rest assured that we will continue to advocate for the profession at the highest levels, with the health and well-being of you and your patients, as well as the overall stability of the health care system, foremost in our efforts.

 
 
 

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