As the situation with coronavirus (COVID-19) continues to develop, businesses are experiencing many unforeseen and unprecedented situations and finding ourselves at a loss as to how to ensure employee safety and continue to conduct business under the instability that COVID-19 has brought us to.
Below are some frequently asked questions that address some of these concerns. Due to the rapidly changing circumstances, the below should only serve as a guide and is subject to change.
Families First
Coronavirus Response Act (FFCRA)
·
Employers
will be able to recover payouts in the form of payroll tax credits, and may
be able to get funds on an emergency basis (contact your trusted advisor
for more information)
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.
eqHR Solutions' trusted advisors are
ready to assist you in your unique needs and are happy to answer any questions
that you may have and are still fully prepared to continue to service all of
your Human Resource and Payroll needs. Included below is some valuable
information that can be applied to all businesses.
If you find that you
have a unique situation or would like assistance with a policy or procedure for
the current Coronavirus situation, please do not hesitate to contact your
assigned trusted advisor or any other member of our team.
CDC -Information &
Interim Guidance for Businesses
EEOC
CA - FAQs COVID-10
US Dept of Labor - FAQ
Family Medial Leave
EDD - FAQs COVID-10
CA/OSHA - Covid-19
guideline
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