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Agenda
• Review Existing FFCRA Leaves
• Timeline – ending date
• EPSLA & EFMLA
• Documentation
• Leave Requests & Recent DOL Updates
• Covid-19 Employer Best Practices
• Updated CDC Guidelines & Protocols
• Employee Illness - Covid Scenarios
• Employer Steps
Agenda
• Compliance
• Covid EEOC & Civil Rights Lawsuits
• Employer Compliance Best Practices
• Mitigate risk
• Pandemic Case scenarios – Lessons Learned
• Policies and Compliance
• Employee Handbooks
Agenda
• To Be Determined –
• Pandemic Unemployment Assistance (PAU)
• Stimulus Relief Package
• FFCRA Benefit Extensions
• Vaccine Availability
Families First Coronavirus Response Act
• Employers need to document and retain
FFCRA leave request forms for at least 4 years from
date of leave.
• Does your organization have a FFCRA leave request
forms?
• Has your organization provided employees with notice
regarding the new FFCRA regulations?
Families First Coronavirus Response Act
Families First Coronavirus Response Act
FFCRA – Caring for School Aged Children
• Many schools are using various in-person and
distance learning formats and schedules during
the pandemic.
• The new DOL guidance explains when
employees may be eligible for related paid
leave.
Emergency Paid Sick Leave Act (EPSLA)
• When is an employee entitled to Emergency Paid
Sick Leave?
• Employee cannot work or telework because of one of the following:
• Employee is subject to a federal, state, or local quarantine or isolation order;
• Employee has been advised by a health care provider to self-quarantine;
• Employee is experiencing symptoms of coronavirus and is seeking a medical
diagnosis;
• Employee is caring for a person subject to a federal, state, or local quarantine
or isolation order or who has been advised by a health care provider to self-
quarantine;
• Employee is caring for a son or daughter of the employee whose school or
day care is closed
Poll Question #1
Does your workplace currently have the mandated
Covid-19 Workplace information posted?
Yes
No
I am not aware of the posting
COVID
Workplace
Poster
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.
Updated CDC Guidelines
• What is definition of “Close Contact”?
• Someone who was within 6 feet of an infected
person for a cumulative total of 15 minutes or more
over a 24-hour period* starting from 2 days before
illness onset (or, for asymptomatic patients, 2 days
prior to test specimen collection) until the time the
patient is isolated.
Updated CDC Guidelines -
Quarantine
• CDC reduced the recommended days a person must
quarantine after exposure to COVID-19 from 14 days
to 7 or 10 days.
• The new guidelines announced Wednesday say
individuals who have close contact with an infected
person can end their quarantine after 7 days if they
receive a negative test, or after 10 days without a test.
• CDC defines close contact as exposures adding up to
a total of 15 minutes spent 6 feet or closer to an
infected person.
CDC Best Practices – Updated
What steps should an employer take if an
employee becomes ill?
• Employees who have symptoms when they arrive
at work or become sick during the day should
immediately be separated from other employees,
customers, and visitors and sent home.
• Sick employees should follow CDC-recommended
steps to help prevent the spread of COVID-19.
Employees should not return to work until they
have met the criteria to discontinue home isolation
and have consulted with a healthcare provider.
Best Practices
• What steps should an employer take if an
employee tests positive for Covid?
• In most cases, you do not need to shut down your facility.
• Utilize local Health Department as resource.
• Do close off any areas used for prolonged periods of time by
the sick person.
• Follow the CDC cleaning and disinfection recommendations.
• https://www.cdc.gov/coronavirus/2019-
ncov/community/organizations/cleaning-disinfection.html
Best Practices
• If an employee has been exposed but not showing
symptoms, should they be permitted to work?
• Employees may have been exposed if they are a “close contact”
of someone who is infected, which is defined as being within
about 6 feet of a person with COVID-19 for a total of 15 minutes
or more.
• Potentially exposed employees who have symptoms of COVID-
19 should self-isolate and follow CDC recommended steps.
• Potentially exposed employees who do not have symptoms
should remain at home or in a comparable setting and practice
social distancing for 14 days.
• All other employees should self-monitor for symptoms and wear
cloth face coverings when in public. If they develop symptoms,
they should notify their supervisor and stay home.
Pandemic Scenarios – Employer Risk
• Inconsistency in administration of remote work
procedures.
• Laid off or furloughed workers – inconsistency in
recalling workers. i.e. recalling young vs. older workers.
(Age)
• Denial of flex schedules as reasonable
accommodations under ADA. (Disability)
Pandemic Scenarios – Employer Risk
• Laid off employees re-hired in different roles and
earning less. (Age)
• Reduction of work hours – not consistent
• Task Force Team – ensure diversity of team
• FFCRA Leave – employer’s not offering to employees
as regulated.
Employee Handbook Policies
• Updated policies should include:
• FFCRA
• EFMLA & EPSLA
• FMLA – How do the above work together?
• Travel
• Is your business opening up travel or continuing
to keep minimal?
• What does your current travel policy state?
Employee Handbook – Policies
Lawsuits
• Pandemic & Emergency Preparedness
• Attendance
• Paid Time Off – definition of utilizing in conjunction
with leaves
• Remote Work Policies
• Workplace Violence – Safety
Poll Question
What is currently the top Covid employment related
lawsuit being filed by employees?
1) Safety – Covid
2) Retaliation
3) Whistle Blowing
4) Leave of Absences – administration of leaves
Covid Related – Employment
Lawsuits
• Updated policies should include:
• FLSA – Fair Labor Standards
• Overtime Pay
• Job Classifications
• Department of Labor
• Reduction in Workforce
• Furloghs vs. Layoffs
Poll Question #3
Has your employee handbook been updated?
Yes
No
Not Sure
To Be Determined
• Pandemic Unemployment Assistance (PAU)
• Stimulus Relief Package
• FFCRA Benefit Extensions – Dec. 31, 2020
• Vaccine Availability
Employer Resources
• Rea & Associates- https://www.reacpa.com/service/covid-19-
resource-center/
• Gov. DeWine, Lt. Gov. Husted – http://www.ohiochannel.org/
Daily video briefing and Executive Orders
• https://coronavirus.ohio.gov/wps/portal/gov/covid-19/responsible-
restart-ohio/Posters-and-Signs/Posters-and-Signs
• ODH – https://coronavirus.ohio.gov/wps/portal/gov/covid-
19/homew
• CDC – https://www.cdc.gov/
• SHRM – https://www.shrm.org/
Employer Resources
• OSHA – https://www.osha.gov
• Unemployment: http://www.jfs.ohio.gov/
• USDOL – www.dol.gov
Questions?
Renee West, SHRM-SCP
senior manager
HR consulting services
Rea & Associates
330.308.6818
renee.west@reacpa.com

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[ON-DEMAND WEBINAR] Next Steps In COVID 19 Protocols & Compliance

  • 1.
  • 2. Agenda • Review Existing FFCRA Leaves • Timeline – ending date • EPSLA & EFMLA • Documentation • Leave Requests & Recent DOL Updates • Covid-19 Employer Best Practices • Updated CDC Guidelines & Protocols • Employee Illness - Covid Scenarios • Employer Steps
  • 3. Agenda • Compliance • Covid EEOC & Civil Rights Lawsuits • Employer Compliance Best Practices • Mitigate risk • Pandemic Case scenarios – Lessons Learned • Policies and Compliance • Employee Handbooks
  • 4. Agenda • To Be Determined – • Pandemic Unemployment Assistance (PAU) • Stimulus Relief Package • FFCRA Benefit Extensions • Vaccine Availability
  • 5. Families First Coronavirus Response Act • Employers need to document and retain FFCRA leave request forms for at least 4 years from date of leave. • Does your organization have a FFCRA leave request forms? • Has your organization provided employees with notice regarding the new FFCRA regulations?
  • 8. FFCRA – Caring for School Aged Children • Many schools are using various in-person and distance learning formats and schedules during the pandemic. • The new DOL guidance explains when employees may be eligible for related paid leave.
  • 9. Emergency Paid Sick Leave Act (EPSLA) • When is an employee entitled to Emergency Paid Sick Leave? • Employee cannot work or telework because of one of the following: • Employee is subject to a federal, state, or local quarantine or isolation order; • Employee has been advised by a health care provider to self-quarantine; • Employee is experiencing symptoms of coronavirus and is seeking a medical diagnosis; • Employee is caring for a person subject to a federal, state, or local quarantine or isolation order or who has been advised by a health care provider to self- quarantine; • Employee is caring for a son or daughter of the employee whose school or day care is closed
  • 10. Poll Question #1 Does your workplace currently have the mandated Covid-19 Workplace information posted? Yes No I am not aware of the posting
  • 12. 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.
  • 13. Updated CDC Guidelines • What is definition of “Close Contact”? • Someone who was within 6 feet of an infected person for a cumulative total of 15 minutes or more over a 24-hour period* starting from 2 days before illness onset (or, for asymptomatic patients, 2 days prior to test specimen collection) until the time the patient is isolated.
  • 14. Updated CDC Guidelines - Quarantine • CDC reduced the recommended days a person must quarantine after exposure to COVID-19 from 14 days to 7 or 10 days. • The new guidelines announced Wednesday say individuals who have close contact with an infected person can end their quarantine after 7 days if they receive a negative test, or after 10 days without a test. • CDC defines close contact as exposures adding up to a total of 15 minutes spent 6 feet or closer to an infected person.
  • 15. CDC Best Practices – Updated What steps should an employer take if an employee becomes ill? • Employees who have symptoms when they arrive at work or become sick during the day should immediately be separated from other employees, customers, and visitors and sent home. • Sick employees should follow CDC-recommended steps to help prevent the spread of COVID-19. Employees should not return to work until they have met the criteria to discontinue home isolation and have consulted with a healthcare provider.
  • 16. Best Practices • What steps should an employer take if an employee tests positive for Covid? • In most cases, you do not need to shut down your facility. • Utilize local Health Department as resource. • Do close off any areas used for prolonged periods of time by the sick person. • Follow the CDC cleaning and disinfection recommendations. • https://www.cdc.gov/coronavirus/2019- ncov/community/organizations/cleaning-disinfection.html
  • 17. Best Practices • If an employee has been exposed but not showing symptoms, should they be permitted to work? • Employees may have been exposed if they are a “close contact” of someone who is infected, which is defined as being within about 6 feet of a person with COVID-19 for a total of 15 minutes or more. • Potentially exposed employees who have symptoms of COVID- 19 should self-isolate and follow CDC recommended steps. • Potentially exposed employees who do not have symptoms should remain at home or in a comparable setting and practice social distancing for 14 days. • All other employees should self-monitor for symptoms and wear cloth face coverings when in public. If they develop symptoms, they should notify their supervisor and stay home.
  • 18.
  • 19. Pandemic Scenarios – Employer Risk • Inconsistency in administration of remote work procedures. • Laid off or furloughed workers – inconsistency in recalling workers. i.e. recalling young vs. older workers. (Age) • Denial of flex schedules as reasonable accommodations under ADA. (Disability)
  • 20. Pandemic Scenarios – Employer Risk • Laid off employees re-hired in different roles and earning less. (Age) • Reduction of work hours – not consistent • Task Force Team – ensure diversity of team • FFCRA Leave – employer’s not offering to employees as regulated.
  • 21. Employee Handbook Policies • Updated policies should include: • FFCRA • EFMLA & EPSLA • FMLA – How do the above work together? • Travel • Is your business opening up travel or continuing to keep minimal? • What does your current travel policy state?
  • 22. Employee Handbook – Policies Lawsuits • Pandemic & Emergency Preparedness • Attendance • Paid Time Off – definition of utilizing in conjunction with leaves • Remote Work Policies • Workplace Violence – Safety
  • 23. Poll Question What is currently the top Covid employment related lawsuit being filed by employees? 1) Safety – Covid 2) Retaliation 3) Whistle Blowing 4) Leave of Absences – administration of leaves
  • 24. Covid Related – Employment Lawsuits • Updated policies should include: • FLSA – Fair Labor Standards • Overtime Pay • Job Classifications • Department of Labor • Reduction in Workforce • Furloghs vs. Layoffs
  • 25. Poll Question #3 Has your employee handbook been updated? Yes No Not Sure
  • 26. To Be Determined • Pandemic Unemployment Assistance (PAU) • Stimulus Relief Package • FFCRA Benefit Extensions – Dec. 31, 2020 • Vaccine Availability
  • 27. Employer Resources • Rea & Associates- https://www.reacpa.com/service/covid-19- resource-center/ • Gov. DeWine, Lt. Gov. Husted – http://www.ohiochannel.org/ Daily video briefing and Executive Orders • https://coronavirus.ohio.gov/wps/portal/gov/covid-19/responsible- restart-ohio/Posters-and-Signs/Posters-and-Signs • ODH – https://coronavirus.ohio.gov/wps/portal/gov/covid- 19/homew • CDC – https://www.cdc.gov/ • SHRM – https://www.shrm.org/
  • 28. Employer Resources • OSHA – https://www.osha.gov • Unemployment: http://www.jfs.ohio.gov/ • USDOL – www.dol.gov
  • 29. Questions? Renee West, SHRM-SCP senior manager HR consulting services Rea & Associates 330.308.6818 renee.west@reacpa.com

Editor's Notes

  1. Review Part Time employees are also eligible for leave
  2. Review Part Time employees are also eligible for leave
  3. Employers should be proactive and have policies in place PRIOR to incidents occurring.
  4. How can employers have measures in place to mitigate risk of these scenarios?