Mike Kelly

A new piece of legislation introduced by U.S. Rep. Mike Kelly, R-16th, would extend paid leave to health care workers who contract COVID-19 and protect hospitals and other medical providers from certain lawsuits during the COVID-19 emergency declaration.

The Families First Coronavirus Relief Act currently covers paid leave for a handful of reasons for health care workers, but does not include leave for those who contract the virus.

Kelly introduced the Essential Workforce Parity Act on Thursday in the U.S. House of Representatives.

“Our doctors and nurses are on the front lines of the coronavirus pandemic risking their own health to treat the worst cases of COVID-19,” Kelly said in a recent news release. “The Essential Workforce Parity Act will guarantee that our health care heroes are treated fairly if they get sick, while also ensuring their primary focus can be on helping patients, not fighting lawsuits.”

The release said that when the coronavirus was just arriving in the United States and health systems were unsure how the pandemic would affect them, the FFCRA exempted hospitals and other health care facilities from the requirement to offer paid leave to health care workers who contract COVID-19.

The notion was that all health care workers were needed to staff hospitals and other facilities should the virus surge, the release said.

Kelly, who recovered from COVID-19 and donated convalescent plasma for the treatment of others suffering from the virus, said he recognized that exemption “is an added sacrifice and unfair for doctors and nurses.”

The legislation, which has not yet attracted a co-sponsor, would provide leave to health care workers who contract COVID-19 and make costs they incur from the virus reimbursable by the federal government under FFCRA.

Andy Carter, president and CEO of the Hospital and Healthsystem Association of Pennsylvania, said of the bill that hospitals' top priority is the safety of health care workers and their patients, especially during the pandemic.

“During these difficult times — where the situation and guidance is constantly changing — we must allow health care workers and facilities to focus on caring for every patient who needs care, rather than worrying about the threat of meritless lawsuits,” Carter said. “HAP commends Rep. Kelly for including the important liability protections in the (act), and appreciates his long-standing commitment to supporting health care workers on the front lines of this crisis ...”