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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.

• Sick leave policy + the FFCRA
• CARES Act guidance
• Taking correct action with employees

Resources & Templates

COVID-19 Webinar

Todd Anderson, SPHR explains how to navigate your business through COVID-19.

Watch Now

Families First Coronavirus Response Act (FFCRA)

Frequently asked questions and answers regarding the FFCRA guidelines.

Download

FFCRA Poster FAQ

Commonly asked questions and answers regarding the mandatory FFCRA poster to be displayed in the workplace.

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Questions & Answers

Q:  I work for a small Dr.’s office and I realize we can claim an exemption under the Expanded FMLA law, but do we have to pay our employees if they qualify for Emergency Paid Sick Leave  

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.

Q: If I have an employee that takes time off due to childcare services being closed, then can they take their first 10 days from the 10 days of sick leave paid at 2/3 and then take up to 10 more paid weeks at 2/3 of their normal pay?

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.

Q:  Are employees required to fill out any FMLA paperwork for the Expanded FMLA?

A:  There have been no directions for employees to fill out any paperwork for taking a leave under the Expanded FMLA.

Q:  Our State/County/City is under an “Isolation” order, but we are considered an essential business.  Can I pick and choose which employees I allow to go home and which ones I will require to stay on the schedule?

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.

Q:  What if my company has only been in business since March 1?

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.

Q:  What about a situation where an employee has a child that is old enough to stay home alone, do they still qualify for the Expanded FMLA benefit?

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.

Q:  In order to qualify for the extended FMLA, does an employee have to stop working altogether? If they continue to work part-time hours, can they get paid at 2/3 their normal pay for the hours that were reduced? Or would it be better to file unemployment for those lost hours?

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.

Q:  Last week we instructed everyone to go ahead and apply for unemployment since their hours were being cut, but now that the Emergency Paid Sick Leave and Expanded FMLA are active, can I just put my people back on the payroll and pay them 100% or 2/3 their wages/salaries?

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.

Thank you for reading!