Counties across the state and across the country are reopening as the coronavirus pandemic continues to spread. With most states operating under staggered reopening guidelines, many counties have met the guidelines to enter into “Phase 1” and “Phase 2” of the reopening process. Mask mandates are becoming more prevalent with businesses adhering to state and federal government regulations and OSHA and CDC guidelines.
As an employer, business operations are a top priority, but the safety and health of your employees should be right up there as well. How do you balance both? How do you reopen your organization and focus on business operations, but ensure that your employees are kept safe and just as important, feel safe when reentering the workforce?
Ensure Compliance with New Regulations and Orders – Most if not all states have some level of executive orders in place. Intended to provide additional regulations surrounding federal standards and expectations on maintaining safe working conditions, make certain that you are in compliance with your state’s specific rules and that health standards are met and maintained.
Prepare the Workplace – Based on those regulations and orders, ensure that the workplace is set up according to standards. Ensure that measures have been taken to meet social distancing rules, enforce rules regarding facial coverings, and identify best practices for maintaining disinfecting routines and identifying and eliminating any risks for possible exposure.
Communicate!! – With many employees still working remotely, there is a prevalent and understandable concern with returning to the workplace as COVID-19 cases continue to rise across the country. Communicate with your employees. Listen to their concerns and communicate to them what your organization is doing to ensure the safest possible working environment. Communicate new policies and practices, along with expectations of all employees.
What if They Refuse? – A problem many employers are running into, what if an employee refuses to return to work based on executive orders or concerns for their health? The nitty gritty is that a fear of returning to work is not a protected reason to continue to telecommute. You can reasonably require an employee to return, so long that you are meeting guidelines regarding workplace safety. However, as in many situations in which accommodations are requested, work with the employee to see if a temporary and mutually beneficial compromise can be met that works for everyone. This may include a part time work from home arrangement, or a work location that is more isolated from others.
The impact the new coronavirus has had on organizations is staggering. Transitioning back to work is a process that should be as smooth as possible, but keep in mind that every industry, every employee, every case is different. There is still so much gray area regarding employees returning to work and managing leaves under the FFCRA. No one situation is the same nor should they be treated as such. As we slowly start resuming (somewhat) normal activities, feel free to contact us for advice and counsel regarding implementing policies and practices that are tailored for your organization and culture.
Effective April 1, 2020 and lasting through December 31, 2020, the FFCRA provides for paid emergency sick leave and expanded leave protections for those eligible employees who have been adversely affected by COVID-19.
The two biggest components of this Act, emergency paid sick leave and expanded FMLA leave protections, and what eligible employees qualify for, are as outlined:
- Emergency Paid Sick Leave – Qualifying employers (private sector employers with less than 500 employees and all government employers) will be required to pay up to two weeks (80 hours, or a part-time employee’s two-week equivalent), paid at the following rates to employees who have been impacted by COVID-19 for one of the following reasons:
- 100% the employee’s regular rate of pay (up to $511 daily or $5,100 total) for the following reasons:
- Is subject to a Federal, State, or local quarantine or isolation order related to COVID-19;
- Has been advised by a health care provider to self-quarantine related to COVID-19; or
- Is experiencing COVID-19 symptoms and is seeking a medical diagnosis.
- 2/3 the employee’s regular rate of pay (up to $200 daily or $2,000 total) for the following reasons:
- Is caring for an individual subject to an order described above (self-quarantine or isolation);
- Is experiencing any other substantially similar condition specified by the U.S. Department of Health and Human Services; or
- Is caring for his or her child whose school or place of care is closed (or child care provider is unavailable) due to COVID-19 related reasons.
Time off due to lack of work (e.g., furlough or layoffs), or voluntarily staying home rather than commuting to the place work, are not qualifying reasons to receive emergency paid sick leave. For example, unless otherwise specified, state or local “stay at home” orders do not typically qualify as a local quarantine or isolation order.
Private employers with less than 50 employees may be exempt from this mandate, if the “viability of the business” would be in jeopardy as a result of providing this benefit.
- Paid Family Leave (Expanded FMLA) – Qualifying employers (private sector employers with less than 500 employees and all government employers) are required to provide up to 12 weeks of paid Family and Medical Leave (FMLA) to employees who have worked more than 30 calendar days to care for their child(ren) whose school or place of care is closed (or child care provider is unavailable) due to COVID-19 related reasons.
After the first 2 weeks of leave that would satisfy the paid sick leave requirement outlined above, eligible employees will receive 2/3 of their regular rate of pay (up to $200 daily or $12,000 total) for an additional 10 weeks (for a total of up to 12 weeks of time off for childcare).
Private employers with less than 50 employees may be exempt from this mandate, if the “viability of the business” would be in jeopardy as a result of providing this benefit.
Certain components of this bill are still being interpreted and analyzed; the Department of Labor is still releasing updates and finalizing these elements of the Act, including releasing information pertaining to documentation and tracking.
We will keep all of our clients personally updated as additional regulations are finalized. Please feel free to contact us by phone at 800.574.3282 or by email at office@hrcentral.com if you have any questions regarding, the FFCRA, House Bill 6201 and its provisions, and how to implement these new protocols within your organization.
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