Ringing in the new year is a lot different this time around, particularly if you are a business owner trying to make sense of human resources updates. The rules are a lot different from what they were a year ago and now business owners must shuffle through a slew of updated HR policies and best practices to ensure compliance with ever-changing legislation. Renee West, SHRM-SCP, PHR, senior manager and leader of Rea & Associates' HR consulting services practice, has been committed to following federal and state-wide legislation in order to provide you with key updates to ensure ongoing compliance in your organization.
During this free, hour-long webinar, Renee will go over:
- FFCRA Leave updates and unemployment extension information PUA unemployment details, and unemployment benefits
- COVID 19 vaccine resources for employers
- 2021 HR policies
- Best practices to mitigate risk in 2021.
- And more ...
For more insight into the HR considerations for businesses, visit https://www.reacpa.com
#ReaCPA #HRCompliance #COVIDCrisis
5. Families First Coronavirus Response Act
(FFCRA)
• No longer mandated for employers to offer as
of December 31, 2020.
• Employers can continue to “voluntarily” offer
coverage per existing regulations.
• Continued nationwide Covid-19 pandemic
continuing.
8. FFCRA Payroll Tax Credits
• Relief Bill allows employers to receive payroll
tax credit for providing emergency sick leave or
emergency family and medical leave through
March 31, 2021 for purposes below:
• To recover costs of providing required FFCRA leave in
2020 AND
• Voluntarily provide paid emergency sick leave and
emergency family and medical leave through March 31,
2021.
9. FFCRA Payroll Tax Credits
• What are employer options regarding offer paid
leave?
• Consider continued Covid-19 cases increasing.
• FFCRA paid leave can be a good for employers wishing to
assist employees during these challenging times.
• Ensure documentation requirements are met
for leave.
10. Documentation – Leave Requests
• What records do employers need to keep when
an employee takes paid sick leave or expanded
family and medical leave?
• Regardless of whether you grant or deny a request
for paid sick leave or expanded family and medical
leave, the following must be documented:
• The name of your employee requesting leave;
• The date(s) for which leave is requested;
• The reason for leave; and
• A statement from the employee that he or she is unable
to work because of the reason.
11. Department of Labor – FFCRA Facts
• Owed FFCRA Leave Must be Paid – DOL FAQ #5
• If an employer failed to pay an employee for FFCRA
leave taken or requested during the effective period
of April 1, 2020, through Dec. 31, 2020, the
employee may file a complaint with the DOL.
• Complaint must be filed within two years. There
also may be a private right of action for alleged
violations.
• The FFCRA covers businesses with fewer than 500
employees and certain public employers.
12. Unemployment Compensation
• New Stimulus Bill also includes updates to
Unemployment Compensation
• Extends Pandemic Unemployment Assistance (PUA) to
March 14, 2021 and allows individuals receiving benefits as
of March 14, 2021 to continue through April 5, 2021, as long
as the individual has not reached the maximum number of
weeks.
• Restores the Federal Pandemic Unemployment
Compensation (FPUC) supplement to all state and
federal unemployment benefits at $300 per week,
starting after December 26 and ending March 14,
2021. (Please note, this was previously $600 per week)
13. Unemployment Compensation
• Improvements to Pandemic Unemployment Assistance to
Strengthen Program Integrity:
• Requirement to Substantiate Employment or Self-Employment and
Wages Earned or Paid to Confirm Eligibility for Pandemic
Unemployment Assistance.
• Return to Work Reporting for CARES Act Agreements
• Effective 30 days after enactment, requires states to have methods in
place to address situations when claimants of unemployment
compensation refuse to return to work or refuse to accept an offer of
suitable work without good cause.
• Reporting method for employers to notify the state when an
individual refuses employment.
14. Covid-19 Vaccine
• Vaccines are being distributed and provided to
healthcare workers and vulnerable populations in
nursing homes
• Pfizer and Moderna have been approved for
emergency use authorization
• More vaccines may be approved soon
16. Employer Resources – Covid Vaccine
Can an employer require an employee
to take the vaccine?
• Yes
• Employers can legally mandate vaccines for all
employees
• A few exceptions
• Ensure consistency in administration,
17. Employer Resources – Covid Vaccine
• Exceptions for:
• Employers under Title VII:
• Title VII applies to any employer with 15 or more
employees in both the public and private sector
including federal, state and local
governments, employment agencies, labor unions,
and training programs.
• Would be required to provide reasonable
accommodations to employees who claim religious
reasons for not wanting to get the vaccine.
18. Employer Resources – Covid Vaccine
• Exceptions for:
• Employers under the ADA:
• ADA applies to all employers, including State and local
government employers, with 15 or more employees
• Would be required to provide reasonable
accommodations to employees who claim cannot get
vaccine due to medical reasons.
19. Employer Resources – Covid Vaccine
• What is Reasonable Accommodation?
• Adjustment to the work environment to allow
employee to comply with his or her religious beliefs
and or qualified medical conditions under ADA.
• Required when religious beliefs, observances or
practices conflict with a specific task or requirement
of the job or application process
20. Employer Resources – Covid Vaccine
Employee who wants accommodation must make
manager aware of two things:
1) Need for accommodation
2) Reason they need accommodation is due
to conflict between their religion or
medical condition protected under ADA is
conflicting with their work.
Are you managers/supervisors
trained on response to employee?
21. Employer Resources – Covid Vaccine
Undue Burden
• A state or local government or its agencies, or a
business or nonprofit organization covered by the
ADA, does not have to provide an auxiliary aid or
service, or a modification, if providing it would
cause a signification administration or financial cost
to company.
22. Employer Resources – Covid Vaccine
Reasonable Accommodation Requests:
• Organizations need to ensure ADA policy is in
employee handbook and provides employee with
internal contact for ADA process.
• Are you company job descriptions updated?
• Essential for interactive process for ADA discussion.
23. Best Practices – Covid Vaccine
Policies
• Unionized employers should address collective
bargaining obligations before the organizations
communicate any vaccination policies.
• Discuss with legal resource before implementing
and vaccine policy.
• Myths v. Facts Sheet
24. Covid-19 Continued Best Practices
• Continue to provide communications to employees
on importance of:
• Social Distancing
• Hand Washing
• Masks per regulations
• Sanitize workplace
• Mental Health Resources
25. 2021 Employee Handbook – Policies
• Remote Work Policies
• Leave Mandates
• Employers might choose not to include temporary
requirements in their handbook.
• Should consider developing policies and procedures for
managing compliance while the rules remain effective.
• Workplace Safety - Employers should review guidelines from
OSHA and local agencies that are meant to keep workers healthy
and safe during the pandemic.
26. 2021 Employee Handbook – Policies
• Anti-Discrimination Policies
• Title VII of the Civil Rights Act of 1964 prohibits businesses with at least 15
employees from discriminating against workers based on protected
characteristics with respect to terms and conditions of employment, including
hiring, firing, laying off, training or disciplining. Protected characteristics
include color, national origin, race, religion and sex.
Discuss with Bullet #2 – Voluntarily offering – we will discuss new compliance issues and potential lawsuits if not applied consistently.
Let’s discuss the recordkeeping requirements on the next slide.
Discuss employers concern with employees not wanting to return to work with $600 benefit, - implemented new criteria for eligibility for continued Pandemic – next slide.
Next we will share our current state’s rollout approach