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!
With clients scattered all along the west coast, our hearts are heavy and our thoughts are with those who we work closely with that have been affected by the California wildfires that are still burning through the state. During times of natural disaster, organizations often face a state of emergency. With countless uncertainties stemming from these unforeseen events, it is nearly impossible to be fully prepared for a tragic event such as a fire sweeping through your region.
Particularly in regions where certain types of disaster or inclement weather is a likely reality (e.g., wildfires in the west, hurricanes in the south, blizzards in the northeast), it is important to have a few proactive steps in place to make certain that there is a balance between your employees being taken care of and operations and productivity being impacted as little as possible:
- Formulate a plan. Revamp your organization’s Inclement Weather Policy (if you have one). No business can afford to be ambiguous when it comes to how your business operates under poor weather scenarios. Depending upon your region, think through the types of weather scenarios, document clear expectations in your Handbook, and communicate those expectations to your employees as they arise. Your Policy should also plainly state who is responsible for announcing any changes to normal business hours or possible closures.
- Address the question of employee pay. Whether your office will have partial-day closure, or consecutive closure days, communicate to your employees how their pay will be affected. Follow your state’s laws regarding pay during closures, and outline your procedure as clearly as possible in your Handbook for both exempt and non-exempt employees.
- Ensure that there are reliable means of communication during inclement weather for informing employees if they should return to work or stay home. Some organizations set up phone trees, email, or even use social media to keep their employees up-to-date. Also, just because your business isn’t physically open doesn’t mean it is shut down. You may consider training your staff to use Skype and Google Docs (the Cloud) to ensure your business is still maintaining productive standards while the weather rages.
As we lead into the Thanksgiving holiday next week, our thoughts are with all of our friends and colleagues and their families who have been impacted by the horrific events in California. Our warmest wishes for your safety and health are with you all.
Over the past year, Michaela has taken 12 weeks of job-protected maternity leave, 2 weeks of personal leave to care for a sick child, and has just requested a leave of absence for herself to undergo wrist surgery. These larger chunks of leave do not include a day or two of sick time here and there, or the need to stay home or leave work early in the event of an emergency or unexpected event. While she has been predominantly able to cover her leaves with accrued vacation and sick leave, Michaela’s continued absences occasionally causes her to fall behind in work, resulting in her coworkers having to pick up the slack.
An issue that negatively impacts small business owners in particular, absent employees (regardless of whether or not the leave is job-protected) has the potential to disrupt business operations and productivity. While there are many situations that are incredibly unfortunate and outside the employee’s control (such as needing to care for a sick child), a balance between taking care of your employees and ensuring business needs are met has to be a top priority.
Flexible Schedules/Telecommuting – Depending on the situation and the industry, many employees can work from home when they are recovering or temporarily disabled (e.g., a reduced/flexible work schedule). For example, a part-time work from home schedule may be an ideal balance to ensure tasks are completed while providing your employee with the opportunity to take care of themselves or a family member.
Sharing Duties and Workload – Talk with your staff and other members of the department and see if they are able to take on some of the duties while your employee is absent. Having a strong, supportive team at work often means they are willing to step up and help when needed.
Reiterate Expectations – In any instance of excessive time off, regardless the need or reason, it is important to communicate and reiterate company policy. Making certain that your employees are aware of what is expected of them helps hold them accountable and ensures that your generosity is not taken advantage of.
Especially in situations when a key or high performing employee is met with a situation that requires them to take a leave of absence (or multiple), working with them and other members of your team can ensure that business operations are maintained and don’t spiral out of control. Employees are often more than happy to reach a happy medium with you, and your commitment to working with them will in turn ensure loyal, long-term relationships.
Follow along the rest of the month as we discuss two other hot-button issues employers are faced with and present mutually beneficial solutions to those problems.
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