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FREE HR assistance for small businesses affected by COVID-19
During this uncertain time, there are numerous changes occurring due to the coronavirus. Find your free HR assistance here.
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Resources & Templates
Todd Anderson, SPHR explains how to navigate your business through COVID-19.
Families First Coronavirus Response Act (FFCRA)
Frequently asked questions and answers regarding the FFCRA guidelines.
FFCRA Poster FAQ
Commonly asked questions and answers regarding the mandatory FFCRA poster to be displayed in the workplace.
Questions & Answers
A: Yes, all employers (regardless of size or industry) are obligated to follow the Paid Sick Leave requirements and all employees (regardless of tenure) can take Paid Sick Leave without fear of repercussions.
A: The first 10 days of the Expanded FMLA law are unpaid, but those 10 days get picked up under the Emergency Paid Sick Leave Act and paid at 2/3 of the employee’s regular pay because the qualifying events are the same, UNLESS, the School or Daycare was “shuttered” because of a Federal, State, or Local isolation order, in which case, the first 10 days are paid at 100% as this is the first qualifying event under the Paid Sick Leave Act.
A: There have been no directions for employees to fill out any paperwork for taking a leave under the Expanded FMLA.
A: It will all depend on the language in the Order. Most Orders have different categories of “essential” businesses (color codes, for example). If the Order requires your businesses to remain “fully” operational, that will require the employer to maintain a full staff or risk violating the Order. If the Order says, “partially” functional, then some people could take the Paid Sick Leave and others not, in which case you will almost have to look at this on a case-by-case basis (kids at home? Caring for others? Etc.) , so I hate to do this, but you will need to call the Governor’s office and ask for some clarification.
A: You would be able to claim an exemption under The Expanded FMLA because of your size and the impact it would have if even 1 person wanted to stay home because their child’s school was shut down.
The Emergency Paid Leave Act does apply. It applies to all businesses under 500 regardless of size, industry or length from inception of the business and it applies to all employees regardless or their length of service
The Paycheck Protection Program SBA 7(a) loan would not apply if were you not in business as of 2/15/202 with salaries and payroll taxes.
A: The law says, “due to a need to care for a minor child under the age of 18”, so technically the employee could take up to 12 weeks of job protected and paid leave to stay home are care for their child.
A: This would be no different than calculating 2/3rds of a part time employee’s wage during an Expanded FMLA leave event. So, yes, if it works for both the employer and the employee, the employee could reduce their hours to part time and still be eligible to receive 2/3 pay for the hours that have been reduced. Whether that is a better financial decision than applying for unemployment is unknown. I would contact your local Unemployment Office to find out.
A: Per the DOL, if the worksite closes, employees do not receive, or continue to receive, FFCRA leave. It does not matter whether: 1) the closure occurs before or after the law takes effect; 2) an employee is on leave when closure occurs; 3) an employer furloughs an employee; 4) the worksite temporarily closes and the employer says it will reopen in the future. This is true whether the worksite closes for lack of business or per a federal, state, or local directive. If this occurs, an employee’s only recourse is to seek unemployment benefits.