Navigating COVID-19 Challenges in the Workplace: Minute Men, Inc.
COVID-19 and The Workplace:
Issues and Resources
Minute Men, Inc.
3740 Carnegie Avenue
Cleveland, Ohio 44115
Tel: (216)426-9675 (ext. 151)
Fax: (216)426-2553
Paid Employee Leave
Emergency Family
and Medical Leave
Expansion Act
Amends the federal Family and Medical
Leave Act (FMLA) to allow employees to
take leave for certain
child care purposes
related to COVID-19.
EFFECTIVE APRIL 2, 2020
Paid Employee Leave
Emergency Family
and Medical Leave
Expansion Act
Eligible employees of covered employers
may take up to
12 weeks
of FMLA leave if
they are unable to work (or telework)
because they must care for their minor
child.
The need for leave must be caused by
the closing of the child’s elementary or
high school or place of care, or the
unavailability of the child’s childcare
provider, due to a declared COVID-19
public health emergency.
Paid Employee Leave
Emergency Family
and Medical Leave
Expansion Act
Child Care Provider
means a provider
who
receives compensation for
providing childcare services on a regular
basis
Paid Employee Leave
Emergency Family
and Medical Leave
Expansion Act
Covered Employers
The expanded FMLA requirements apply
to private employers with
fewer than
500 employees
, and all government
employers.
Paid Employee Leave
Emergency Family
and Medical Leave
Expansion Act
Covered Employers
Small employers (less than 500
employees) that are
not subject to the
FMLA’s regular leave provisions are
subject to the new FMLA leave rules.
ALL EMPLOYERS must allow their
employees to take leave for child care
purposes related to COVID-19.
Paid Employee Leave
Emergency Family
and Medical Leave
Expansion Act
Covered Employers
If an employer already offers paid sick
leave to its employees, coronavirus paid
sick leave must be
in addition
to the
already-existing leave.
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Paid Employee Leave
Emergency Family
and Medical Leave
Expansion Act
Covered Employers
An employer cannot force employees to
use other leave first.
Paid Employee Leave
Emergency Family
and Medical Leave
Expansion Act
Covered Employers
Employers are permitted to deny leave to
employees who are health care providers
or emergency responders.
Paid Employee Leave
Emergency Family
and Medical Leave
Expansion Act
Covered Employers
The clock resets on April 2
Any leave you provide now does not
count towards leave granted on or after
April 2
Paid Employee Leave
Emergency Family
and Medical Leave
Expansion Act
Covered Employers
Does not apply to employees laid off or
furloughed before April 2
Paid Employee Leave
Emergency Family
and Medical Leave
Expansion Act
Covered Employers
Employers with fewer than 50 employees
will not be subject to civil damages in an
employee action brought under the
FMLA for violation of the new provisions
Paid Employee Leave
Emergency Family
and Medical Leave
Expansion Act
12 weeks of partially compensated
FMLA leave to care for a child whose
school or childcare facility has been
closed due to COVID-19.
Paid Employee Leave
Emergency Family
and Medical Leave
Expansion Act
Requires covered employers to
partially
compensate
leave after the first 10 days
Employers are not required to pay
employees for the
first 10 days
of the
new FMLA leave, but employees may
substitute any accrued vacation leave,
personal leave, or medical or sick leave
for this unpaid leave
Paid Employee Leave
Emergency Family
and Medical Leave
Expansion Act
AFTER THE FIRST 10 DAYS. . .
The employer must compensate FMLA
leave at a rate of
at least two-thirds of
the employee’s regular rate
of pay,
based on the number of hours the
employee would otherwise normally be
scheduled to work, up to a maximum of
$200 per day, or $10,000 total
•
Special calculation rules apply for
employees with variable schedules
and to multi-employer collective
bargaining agreements
Paid Employee Leave
Emergency Family
and Medical Leave
Expansion Act
Covered Employees
Employees who have worked for their
current employer for
30 calendar days
REMEMBER: Employers are permitted to
deny leave to employees who are health
care providers or emergency responders.
Paid Employee Leave
Emergency Family
and Medical Leave
Expansion Act
Covered Employees
Employees should provide their
employers with as much
notice of leave
as is practicable where the need is
foreseeable
Paid Employee Leave
Emergency Family
and Medical Leave
Expansion Act
Job Protection
Employers with fewer than
25 employees
are
not subject to the job restoration
requirement
, if:
1) The employee took FMLA leave under the new COVID-19
expansion of the law;
2) The employee’s position no longer exists due to economic
conditions
or changes in operating conditions of the employer that
affect employment and are caused by a public health emergency;
3) The employer makes reasonable efforts to restore the employee to
an equivalent position; and
4) If these efforts fail, the employer makes reasonable efforts to
contact the employee if an equivalent position becomes available.
The contact period is for one year, beginning on the earlier of:
•
The date on which the employee’s need for leave ends
•
Twelve weeks after the employee’s leave begins
Paid Employee Leave
Emergency Family
and Medical Leave
Expansion Act
Discrimination and retaliation is
PROHIBITED.
Paid Employee Leave
Emergency Family
and Medical Leave
Expansion Act
Tax Credit
Employers are entitled to a credit against
the tax imposed by section 3111(a) or
3221(a) of the IRS Code for each calendar
quarter of an amount equal to 100% of
qualified sick leave wages paid. Tax
credits are also available for self
employed people.
Paid Employee Leave
Emergency Family and Medical Leave Expansion Act
Covered Employers
All private employers with
fewer than 500 employees
, and all government employers.
Paid Employee Leave
Emergency Family and Medical Leave Expansion Act
Covered Employees
All employees are covered, regardless of the length of their employment with their current
employer. However, employers may choose not to provide paid sick leave to employees who
are
health care providers
or
emergency responders.
Paid Employee Leave
Emergency Family and Medical Leave Expansion Act
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Paid sick time may be taken when the employee:
•
1. Is subject to a federal, state or local quarantine or isolation order related to COVID-19;
•
2. Has been advised by a health care provider to self-quarantine due to concerns related to COVID-19;
•
3. Is experiencing symptoms of COVID-19 and is seeking a medical diagnosis;
•
4. Is caring for an individual who is subject to a federal, state or local quarantine or isolation order related to COVID-19, or
who has been advised by a health care provider to self-quarantine;
•
5. Is caring for his or her child if the child’s school or place of care has closed, or the child’s care provider is unavailable,
because of COVID-19 precautions;
•
6. Is experiencing another substantially similar condition specified by the Secretary of Health and Human Services (HHS).
Paid Employee Leave
Emergency Family and Medical Leave Expansion Act
Compensation
Paid Employee Leave
Emergency Family and Medical Leave Expansion Act
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A
c
t
Employers who violate the new paid sick leave
law will be subject to penalties under the
federal Fair Labor Standards Act.
Paid Employee Leave
Emergency Family and Medical Leave Expansion Act
Employers are entitled to a credit against the tax imposed by section 3111(a) or 3221(a) of
the IRS Code for each calendar quarter, of an amount equal to 100% of qualified sick leave
wages paid. Tax credits are also available for the self-employed.
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Sick employees must stay home!
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Employees who have
symptoms of acute respiratory
illness must not come to work
until they are fever- and
symptom-free for 24 hours.
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Be flexible to permit employees
to stay home to care for a sick
family member.
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If someone comes to work sick,
immediately separate them and
send them home!
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If someone in an employee’s
household tests positive, the
employee is also to be
quarantined for 14 days
.
Recommended Best Practices for Sick
Employees
Hang posters that encourage staying home when sick, cough
and sneeze etiquette, and hand hygiene
Recommended
Best Practices
for Sick
Employees
Perform routine environmental cleaning
Recommended Best Practices for Sick
Employees
Consider holding all meetings by
teleconference or
videoconference
unless essential to meet in person.
Recommended
Best Practices
for Sick
Employees
Consider prohibiting non-employee
visitors
Recommended Best Practices for Sick
Employees
If possible, consider closing offices or
facilities, or rotating employees to enable
better social distancing in the workplace.
Recommended
Best Practices
for Sick
Employees
No gatherings of more than 10 people
Recommended Best Practices for Sick
Employees
Workplace Medical
Screenings
The ADA prohibits an employer from making
disability-related inquiries and requiring
medical examinations of employees, except
under limited circumstances. During
employment, the ADA prohibits employee
disability-related inquiries or medical
examinations unless:
• they are job-related and consistent with
business necessity; or
• an employee will pose a direct threat
due to a medical condition.
Workplace
Medical
Screenings
The ADA will NOT
LIKELY APPLY DURING
A PANDEMIC
Workplace
Medical
Screenings
During a Pandemic, an Employer MAY:
• Send employees home who exhibit coronavirus
symptoms.
• Ask employees if they are experiencing
coronavirus-like symptoms.
• Take its employees’ temperatures to determine
whether they have a fever.
• Ask employee who have traveled if they may
have been exposed.
Workplace
Medical
Screenings
During a Pandemic, an Employer MAY:
• Encourage employees to telecommute.
• Require employees to adopt good hygiene habits
such as regular hand washing.
• Require employees to wear personal protective
equipment such as face masks, gloves, or gowns.
• Ask employees why they have been absent from
work, even if the employer suspects a medical
reason.
Workplace
Medical
Screenings
During a Pandemic, an Employer MAY NOT:
•
Compel all employees to obtain vaccinations,
regardless of their medical conditions or their
religious beliefs.
•
Ask employees who do not have coronavirus
symptoms to disclose whether they have an
underlying medical condition that the CDC says
could make them especially vulnerable to
coronavirus complications.
Confidentiality
HIPPA DOES NOT APPLY
Confidentiality
If you are aware of a coronavirus exposure, you
can/should alert employees without identifying the
infected or exposed employee.
Confidentiality
Consider obtaining a waiver from the employee to
allow limited disclosure to co-workers.
The WARN Act
• Covers employers with 100 or more employees.
• Applies to plant closures (a shutdown of a facility or
operating unit within a single site of employment with a layoff
of 50 or more employees), and mass layoffs (500 or more
employees or 50-499 employee if one-third of the workforce).
• Requires 60 days’ advance written notice, or 60 days’ pay in
lieu of notice.
• KEY EXCEPTION
: unforeseeable
business
circumstances before a shutdown.
• KEY EXCEPTION
: layoffs of an expected
duration of less than 6 months.
• Some states and municipalities have their own specialized
WARN requirements
OSHA Considerations
OSHA laws require employers provide a workplace
“free of recognized hazards
that are causing or are likely to cause death or serious physical
harm
.”
OSHA Considerations
Personal Protective Equipment standards may require using gloves, eye/face protection, a
respiratory protection to protect workers. Fit testing issues may apply for certain respirators.
UNION
Considerations
IF YOUR ORGANIZATION HAS A UNION
In addition to WARN, CBA provisions covering
layoff, recall, bumping, seniority, and super-
seniority issues should be considered
UNION
Considerations
IF YOUR ORGANIZATION HAS A UNION
Sick leave, PTO, vacation, and severance provisions
may also apply. Unilaterally changing terms and
conditions of work without negotiating may be an
unfair labor practice. Avoid grievances and NLRB
charges whenever possible
Additional
Recommended
Resources
Coronavirus and Ohio Unemployment
SBA Small Business Disaster Assistance
Department of Labor Guidance on the new
COVID-19 Sick Pay
COVID-19 Sick Pay Crisis Response Center
by
Mammoth HR
Explore the impact of COVID-19 on the workplace and find valuable resources at Minute Men, Inc. Addressing key issues and providing support to employees during these challenging times is vital. Contact Minute Men, Inc. in Cleveland, Ohio for assistance and guidance on navigating the complexities of the pandemic.
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Minute Men, Inc. 3740 Carnegie Avenue Cleveland, Ohio 44115 Tel: (216)426-9675 (ext. 151) Fax: (216)426-2553 COVID COVID- -19 and The Workplace: 19 and The Workplace: Issues and Resources Issues and Resources
Amends the federal Family and Medical Leave Act (FMLA) to allow employees to take leave for certain child care purposes related to COVID-19. Paid Employee Leave Emergency Family and Medical Leave Expansion Act EFFECTIVE APRIL 2, 2020
Eligible employees of covered employers may take up to 12 weeks of FMLA leave if they are unable to work (or telework) because they must care for their minor child. Paid Employee Leave Emergency Family and Medical Leave Expansion Act The need for leave must be caused by the closing of the child s elementary or high school or place of care, or the unavailability of the child s childcare provider, due to a declared COVID-19 public health emergency.
Paid Employee Leave Child Care Provider means a provider who receives compensation providing childcare services on a regular basis for Emergency Family and Medical Leave Expansion Act
Covered Employers Paid Employee Leave The expanded FMLA requirements apply to private employers with fewer than 500 employees, and all government employers. Emergency Family and Medical Leave Expansion Act
Covered Employers Paid Employee Leave Small employers (less than 500 employees) that are not subject to the FMLA s regular leave provisions are subject to the new FMLA leave rules. Emergency Family and Medical Leave Expansion Act ALL EMPLOYERS must allow their employees to take leave for child care purposes related to COVID-19.
Covered Employers Paid Employee Leave If an employer already offers paid sick leave to its employees, coronavirus paid sick leave must be in addition to the already-existing leave. Emergency Family and Medical Leave Expansion Act HOWEVER, An employer can amend its sick leave policy to avoid offering additional leave.
Paid Employee Leave Covered Employers Emergency Family and Medical Leave Expansion Act An employer cannot force employees to use other leave first.
Paid Employee Leave Covered Employers Emergency Family and Medical Leave Expansion Act Employers are permitted to deny leave to employees who are health care providers or emergency responders.
Covered Employers Paid Employee Leave The clock resets on April 2 Emergency Family and Medical Leave Expansion Act Any leave you provide now does not count towards leave granted on or after April 2
Paid Employee Leave Covered Employers Emergency Family and Medical Leave Expansion Act Does not apply to employees laid off or furloughed before April 2
Covered Employers Paid Employee Leave Employers with fewer than 50 employees will not be subject to civil damages in an employee action brought under the FMLA for violation of the new provisions Emergency Family and Medical Leave Expansion Act
Paid Employee Leave 12 weeks of partially compensated FMLA leave to care for a child whose school or childcare facility has been closed due to COVID-19. Emergency Family and Medical Leave Expansion Act
Requires covered employers to partially compensate leave after the first 10 days Paid Employee Leave Employers are not required to pay employees for the first 10 days of the new FMLA leave, but employees may substitute any accrued vacation leave, personal leave, or medical or sick leave for this unpaid leave Emergency Family and Medical Leave Expansion Act
AFTER THE FIRST 10 DAYS. . . The employer must compensate FMLA leave at a rate of at least two-thirds of the employee s regular rate of pay, based on the number of hours the employee would otherwise normally be scheduled to work, up to a maximum of $200 per day, or $10,000 total Paid Employee Leave Emergency Family and Medical Leave Expansion Act Special calculation rules apply for employees with variable schedules and to multi-employer collective bargaining agreements
Covered Employees Paid Employee Leave Employees who have worked for their current employer for 30 calendar days Emergency Family and Medical Leave Expansion Act REMEMBER: Employers are permitted to deny leave to employees who are health care providers or emergency responders.
Covered Employees Paid Employee Leave Employees should provide their employers with as much notice of leave as is practicable where the need is foreseeable Emergency Family and Medical Leave Expansion Act
Job Protection Employers with fewer than 25 employees are not subject to the job restoration requirement, if: Paid Employee Leave 1) expansion of the law; The employee took FMLA leave under the new COVID-19 2) The employee s position no longer exists due to economic conditions or changes in operating conditions of the employer that affect employment and are caused by a public health emergency; Emergency Family and Medical Leave Expansion Act 3) The employer makes reasonable efforts to restore the employee to an equivalent position; and 4) If these efforts fail, the employer makes reasonable efforts to contact the employee if an equivalent position becomes available. The contact period is for one year, beginning on the earlier of: The date on which the employee s need for leave ends Twelve weeks after the employee s leave begins
Paid Employee Leave Discrimination and retaliation is PROHIBITED. Emergency Family and Medical Leave Expansion Act
Tax Credit Paid Employee Leave Employers are entitled to a credit against the tax imposed by section 3111(a) or 3221(a) of the IRS Code for each calendar quarter of an amount equal to 100% of qualified sick leave wages paid. Tax credits are also employed people. Emergency Family and Medical Leave Expansion Act available for self
Paid Employee Leave Emergency Family and Medical Leave Expansion Act Covered Employers All private employers with fewer than 500 employees, and all government employers.
Paid Employee Leave Emergency Family and Medical Leave Expansion Act Covered Employees All employees are covered, regardless of the length of their employment with their current employer. However, employers may choose not to provide paid sick leave to employees who are health care providers or emergency responders.
Paid Employee Leave Emergency Family and Medical Leave Expansion Act Full-time employees, regardless of the length of time they have worked for their employer, are entitled to 80 hours of paid sick time, available for immediate use. Part-time employees are entitled to an amount of paid sick time equal to the average number of hours they work over a two-week period.
Paid Employee Leave Paid Employee Leave Emergency Family and Medical Leave Expansion Act Emergency Family and Medical Leave Expansion Act Paid sick time may be taken when the employee: 1. Is subject to a federal, state or local quarantine or isolation order related to COVID-19; 2. Has been advised by a health care provider to self-quarantine due to concerns related to COVID-19; 3. Is experiencing symptoms of COVID-19 and is seeking a medical diagnosis; 4. Is caring for an individual who is subject to a federal, state or local quarantine or isolation order related to COVID-19, or who has been advised by a health care provider to self-quarantine; 5. Is caring for his or her child if the child s school or place of care has closed, or the child s care provider is unavailable, because of COVID-19 precautions; 6. Is experiencing another substantially similar condition specified by the Secretary of Health and Human Services (HHS).
Paid Employee Leave Emergency Family and Medical Leave Expansion Act Employers may not require employees to use other paid leave before using paid leave under the new law. An employer may require the employee to follow reasonable notice procedures after taking leave the first time.
Paid Employee Leave Emergency Family and Medical Leave Expansion Act Employers must post the notice in conspicuous places on their premises, where notices to employees are customarily posted. The Department of Labor is charged with making a required employer notice available within one week of the law s passage.
Paid Employee Leave Paid Employee Leave Emergency Family and Medical Leave Emergency Family and Medical Leave Expansion Act Expansion Act Employers who violate the new paid sick leave law will be subject to penalties under the federal Fair Labor Standards Act.
Paid Employee Leave Emergency Family and Medical Leave Expansion Act Employers are entitled to a credit against the tax imposed by section 3111(a) or 3221(a) of the IRS Code for each calendar quarter, of an amount equal to 100% of qualified sick leave wages paid. Tax credits are also available for the self-employed.
Recommended Best Recommended Best Practices for Sick Practices for Sick Employees Employees Sick employees must stay home!
Recommended Best Recommended Best Practices for Sick Practices for Sick Employees Employees Employees symptoms of acute respiratory illness must not come to work until they are symptom-free for 24 hours. who have fever- and
Recommended Best Recommended Best Practices for Sick Practices for Sick Employees Employees Be flexible to permit employees to stay home to care for a sick family member.
Recommended Best Practices Recommended Best Practices for Sick Employees for Sick Employees If someone comes to work sick, immediately separate them and send them home!
Recommended Best Practices Recommended Best Practices for Sick Employees for Sick Employees If someone in an employee s household tests positive, the employee is quarantined for 14 days. also to be
Recommended Best Practices for Sick Employees Hang posters that encourage staying home when sick, cough and sneeze etiquette, and hand hygiene
Recommended Best Practices for Sick Employees Perform routine environmental cleaning
Recommended Best Practices for Sick Employees Consider holding all meetings by teleconference or videoconference unless essential to meet in person.
Recommended Best Practices for Sick Employees Consider prohibiting non-employee visitors
Recommended Best Practices for Sick Employees If possible, consider closing offices or facilities, or rotating employees to enable better social distancing in the workplace.
Recommended Best Practices for Sick Employees No gatherings of more than 10 people
Recommended Best Practices for Sick Employees Require a mandatory 14- day quarantine for anyone returning from any travel, whether work- related or personal. Unnecessary travel should be temporarily halted
Workplace Medical Screenings The ADA prohibits an employer from making disability-related inquiries and requiring medical examinations of employees, except under limited circumstances. During employment, the ADA prohibits employee disability-related inquiries or medical examinations unless: they are job-related and consistent with business necessity; or an employee will pose a direct threat due to a medical condition.
Workplace Medical Screenings The ADA will NOT LIKELY APPLY DURING A PANDEMIC
During a Pandemic, an Employer MAY: Send employees home who exhibit coronavirus symptoms. Ask employees if they are experiencing coronavirus-like symptoms. Workplace Medical Screenings Take its employees temperatures to determine whether they have a fever. Ask employee who have traveled if they may have been exposed.
During a Pandemic, an Employer MAY: Encourage employees to telecommute. Require employees to adopt good hygiene habits such as regular hand washing. Workplace Medical Screenings Require employees to wear personal protective equipment such as face masks, gloves, or gowns. Ask employees why they have been absent from work, even if the employer suspects a medical reason.
During a Pandemic, an Employer MAY NOT: Compel all employees to obtain vaccinations, regardless of their medical conditions or their religious beliefs. Ask employees who do not have coronavirus symptoms to disclose whether they have an underlying medical condition that the CDC says could make them especially vulnerable to coronavirus complications. Workplace Medical Screenings
Confidentiality HIPPA DOES NOT APPLY
If you are aware of a coronavirus exposure, you can/should alert employees without identifying the infected or exposed employee. Confidentiality
Consider obtaining a waiver from the employee to allow limited disclosure to co-workers. Confidentiality
Covers employers with 100 or more employees. Applies to plant closures (a shutdown of a facility or operating unit within a single site of employment with a layoff of 50 or more employees), and mass layoffs (500 or more employees or 50-499 employee if one-third of the workforce). The WARN Act Requires 60 days advance written notice, or 60 days pay in lieu of notice. KEY EXCEPTION: unforeseeable circumstances before a shutdown. business KEY EXCEPTION: layoffs of an expected duration of less than 6 months. Some states and municipalities have their own specialized WARN requirements
