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.
A number of changes have hit the State of Oregon this past
week, affecting a wide range of individuals. Oregon’s minimum wage increased
this past Monday, and on Sunday, Oregon legislators passed a bill that will
make the state the eighth in the nation to offer paid family and medical leave.
Oregon Minimum Wage Increase
July 1st marked the increase of Oregon’s minimum wage which increased by fifty cents to $11.25. Workers in the Portland-Metro area will see the minimum wage increase to $12.50, with the minimum wage in non-urban counties rising to $11 per hour. This is the fourth increase to the state’s minimum wage that Oregon has seen in the last four years.
The minimum wage increase was part of Senate Bill 1532, a
three-tier minimum wage system that was passed in 2016 which locked in annual
increases to the minimum wage through 2022, at which time the minimum wage will
cap at $14.75 in the Portland-Metro area. After this time, any increases to the
state’s minimum wage will be directly tied to inflation.
Paid Family and Medical Leave
On Sunday, June 30th, Senators in Oregon voted 21-6 to send House Bill 2005 to the governor, which proposes paid family and medical leave to workers who make more than $1,000 a year 12 weeks of paid leave for medical or family reasons. An incredibly generous program, this is the first paid leave program in the country which would offer 100% paid leave to low-income workers.
Employees and businesses will be required to contribute to this
program, with small businesses being exempt from contributions. Workers will
expect to see this benefit take effect in 2023.
HRCentral will reach out to our clients individually if and when these updates affect their organization. Contact us today if you have any questions regarding either of these recent updates!
For months, Frank had been the epitome of a problematic employee; attendance issues, sub-par performance, and behavioral issues that have resulted in frustrated coworkers. Frank’s supervisor administered a record of discussion, addressing all three of these concerns with the hopes of rehabilitation and significant changes. Shortly after the disciplinary action, Frank underwent shoulder surgery and took a job-protected leave of absence for 8 weeks, returning to work with a reasonable accommodation as his recovery warranted short-term disability.
Upon his return, the areas addressed in his record of discussion began again and a written warning was quickly delivered. Frank’s supervisor mentioned in his written warning “after returning from an FMLA leave of absence, Frank has been absent on 4 occasions in a 2-week period.” Shortly after this second disciplinary document was administered, Frank got into a verbal altercation with a co-worker in front of customers who filed a complaint with management and Frank was promptly terminated for the incident. A few weeks later, the company received notice from the state that Frank had filed a wrongful termination suit, claiming that he was being discriminated against because of his job-protected leave of absence and subsequent disability.
A common situation that arises with employees who are out on a medical leave of absence, or who are protected under ADA due to a disability, is the issue of disciplinary action. How can you effectively apply performance or conduct standards to your employees, while not violating ADA regulations?
An employee with a disability is still required to meet the same production and performance standards as a non-disabled employee in the same position, and an employer may hold the employee to the same performance and conduct standards as they do to all other employees. In most situations, the employee’s disability will not be a relevant factor in reviewing conduct or performance violations. The ADA does not protect employees from the consequences of violating conduct rules, even when such conduct is caused by the disability.
What you have to make certain of however, is whenever administering disciplinary action, you make it very clear that the discipline and the disability or leave of absence are entirely unrelated. Frank’s supervisor made the mistake of mentioning his leave in his write up, which opened a can of worms with regards to the perception of discrimination.
Navigating the world of leave and disability management can be a headache with so many laws and regulations to adhere to and form your policies around. HRCentral specializes in alleviating this stress from organizations, allowing you to focus your resources on your employees and customers. Contact us today to discuss how we can help you implement a program that is streamlined, compliant, and beneficial for both your company and your employees.
Looking back on the situation regarding Diane and her illness which caused attendance issues, we know now that when Diane disclosed to her supervisor that her problems with attendance were due to a mental health illness and the medication she was taking, the appropriate process wasn’t necessarily followed with regards to seeing if Diane qualified or required a reasonable accommodation or a leave of absence. Granted, it was Diane’s responsibility to request a reasonable accommodation, but when a supervisor is made aware of a situation, the right questions need to be asked.
How do you know what applies and what questions to ask? In situations that warrant a serious health condition (whether that be physical or mental) or a disability, there are typically three types of protections that may apply to the employee:
- Federal (the Family and Medical Leave Act) – The FMLA typically applies to organizations with 50 or more employees working within a 75-mile radius and warrants job protection for up to 12 weeks;
- State (in Oregon we have the Oregon Family Leave Act) – At the state level, leaves of absence typically run concurrently with the FMLA, but the eligibility requirements may differ (for example, in Oregon organizations with over 25 employees are required to comply); and
- Disability Protection (the Americans with Disabilities Act, the ADA) – Prohibits discrimination against individuals with disabilities, ensuring that they have the same rights and opportunities as everyone else (such as providing them with a reasonable accommodation to enable them to perform the essential functions of their job).
Managing employees often means managing your department while they are out and ensuring the employee’s time off is protected or calculated correctly. It is important that managers and supervisors understand which leave protections apply to their organization, how they work, and what both the employer’s and employee’s rights and responsibilities are before, during, and after a leave of absence or period of disability.
This is where we step in! Leave Administration is something that HRCentral specializes in. We understand that your time and resources are valuable to your organization, which is why we work with your HR department and your management team to take as much of this process off your plate as we can. In addition to administering this process for you, we offer Leave Administration management training, educating your supervisors in the different types of leaves, who is responsible for what, and how to identify the need for a leave of absence or a reasonable accommodation.
Contact us today to see how we can work together to make this process as seamless for your Company as possible!
In our last Nuts-and-Bolts post, we discussed the proposed rules that the EEOC recently published that pertain to the application of the American’s with Disabilities Act (ADA) to wellness programs that employers offer their employees.
It is important that employers and managers stay abreast of the constantly changing and evolving rules and regulations that apply to leave management and administration to ensure compliance. A very important aspect of leave administration is what you as an employer are permitted to say, and more importantly, what you are not permitted to say when dealing with a disability-related leave of absence. (more…)
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