FFCRA – Recent Updates

FFCRA – Recent Updates

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.

California Fires and Inclement Weather

California Fires and Inclement Weather

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.