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.
With cold and flu season being in full effect, many of us
have had to take a few days off to rest up and beat the miserable symptoms that
this time of year promises. Whether you fall ill yourself, have to take time off
to take care of a sick child, or have to manage business operations while
multiple employees are out with a stomach bug, the realities of this season can
prove to be incredibly inconvenient in many aspects of our lives.
Despite the expectations for
quality attendance, employees get sick and need to take time off to accelerate
their recovery and avoid the potential spread of illness. However, many
organizations suffer from the abuse of sick leave which can translate to a decrease
in productivity and potential loss to the bottom line.
“Abuse” of
sick leave typically refers to employees who, over a specific period of time,
have violated the organization’s attendance policy on a number of occasions.
Many sick leave policies include a reference to excessive absences, which can
be defined as “more than three (3) absences in a 60-day period.” Let’s
say you have an offender in your midst who seems to be catching that “bug
that is going around” a few too many times. How do you ensure that your
employees use their sick time appropriately, while at the same time avoid the
abuse of the system?
Clearly define your policies.
Make certain that your employees are aware of what these expectations are and
are familiar with what the consequences are for not abiding by these rules.
Keep the policy as flexible as possible; people do legitimately get sick and it
is nearly impossible to track and list every potential offense. When working on
your attendance policy, include specific examples of what would constitute a
violation:
- Excessive numbers of absences (i.e., reporting late for work, leaving work early, calling in sick for a full day, etc.);
- Not using the standard reporting procedures;
- Failing to give advance notice for an absence, when possible; and
- Failing to provide medical certification for absences lasting more than three consecutive days.
If you have a clear policy in
place, regularly communicate expectations and consequences with your employees.
If you still have issues with employees abusing the system, document everything
(particularly in cases when there are multiple unreasonable requests for
absences), learn when to say no and require adherence to your attendance
policy, and try to determine the root cause for the sick leave abuse.
Recognizing the problem before
it escalates is vitally important. Preventing the problem is even more
important. Through clearly defined policies and regular communication, you can
do your part in ensuring that your employees do not abuse your sick leave
system, and that this cold and flu season is properly managed and does not
negatively affect your business.
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.
On January 1, 2016, Oregon’s mandatory paid sick leave law will take effect. Nearly all employers with workers in Oregon will be affected by this new law in some capacity. How will these new regulations affect you and your organization? Here is a brief overview of the upcoming changes: (more…)
Fall is slowing creeping in on us. With the cooler weather comes crunchy leaves, pumpkin spice lattes, and of course, cold and flu season. Sick leave (or PTO) is a valued benefit for employees. Despite the expectations for quality attendance, employees get sick and need to take time off to accelerate their recovery and avoid the potential spread of illness. However, many organizations suffer from the abuse of sick leave which can translate to a decrease in productivity and potential loss to the bottom line. (more…)
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