Emergency Family Medical
Leave Act (FMLA)
· 12 weeks of PAID leave
· It is important to note that the current bill
only provides paid leave for school/child care closures.
· Employees must have worked for the employer for
at least 30 calendar days.
· Employers may exclude health care providers and
emergency responders.
· The first 10 days may be unpaid.
Public Health Emergency
Paid Sick Leave
· Full-time employees must receive 80 hours of
Emergency Paid Sick Leave. This can be used for any employees who are diagnosed
with COVID-19, who have symptoms, seeking medical treatment, or high risk.
· Part-time employees must receive a prorated
amount equal to the number of hours the employee works, on average, over a
two-week period. All employees are immediately eligible for Emergency Paid Sick
Leave; there is no 30-day requirement.
What if an employee
appears sick?
· Employees should be encouraged to stay home if
they are sick, even if it’s just a common cold.
· Have a Coronavirus policy that states if
employees appear to be sick, they will be sent home and allowed to return once
they are symptom-free.
An employee of ours has
tested positive for COVID-19. What should we do?
· You should send home all employees who worked
closely with that employee for a 14-day period of time to ensure the infection
does not spread.
· Before the employee departs, ask them to
identify all individuals who worked in close proximity (three to six feet) with
them in the previous 14 days to ensure you have a full list of those who should
be sent home.
· When sending the employees home, do not identify
by name the infected employee or you could risk a violation of confidentiality
laws.
· If you work in a shared office building or area,
you should inform building management so they can take whatever precautions
they deem necessary.
· It is recommended to close off areas used by the
ill persons and wait as long as practical before beginning cleaning and
disinfection to minimize potential for exposure to respiratory droplets. Open
outside doors and windows to increase air circulation in the area. If possible,
wait up to 24 hours before beginning cleaning and disinfection.
· Cleaning staff should clean and disinfect all
areas (e.g., offices, bathrooms, and common areas) used by the ill persons,
focusing especially on frequently touched surfaces.
Can I take an employee’s
temperature at work to determine whether they might be infected?
· Yes. The EEOC confirmed that measuring
employees’ body temperatures is permissible given the current circumstances.
While the Americans with Disabilities Act (ADA) places restrictions on the inquiries
that an employer can make into an employee’s medical status, and the EEOC
considers taking an employee’s temperature to be a
“medical examination” under the ADA, the federal agency recognizes
the need for this action now because the CDC and state/local health authorities
have acknowledged community spread of COVID-19 and issued attendant
precautions.
· However, as a practical matter, an employee may
be infected with the COVID-19 coronavirus without exhibiting recognized
symptoms such as a fever, so temperature checks may not be the most effective
method for protecting your workforce.
· If you elect to take employee’s temperature,
ensure the safety of those administering the test as they will be coming into
contact with each employee and will be at higher risk.
Essential Businesses should provide employees with a proof of work
letter in the event they are pulled over in transit while conducting essential
business duties. Please contact your trusted advisor for more information.
What do I do if
employees refuse to come to work?
· If an employee expresses concerns, communicate
steps that the company is taking to ensure employee safety (routine cleaning
etc).
· Find out what their main concerns are, and if
they disclose, they are high risk, allow them to self-quarantine (FFCRA may
apply).
· If an employee is not high risk, but wants to
self-quarantine, offer them an unpaid leave of absence or telework if possible.
Do employers still need
to complete documentation under CA WARN?
· Yes, even though the 60 day WARN act has been
suspended, employers still need to complete all documentation as soon as they
are able.
What do I do if I cannot
afford to pay my employees?
Temporary leave of
absence (LOA)
· Allows employers to keep employees
· Employees are able to use PTO & collect UI
· May be FFCR eligible
Layoff
· May need to issue WARN notices
· Would need to rehire employees at a later date
Reduction in salary/work
hours
· Good option if some operations are still running
· Option for employees to Telework
· Employees can recover difference through UI
