Simply put: Leaders and HR professionals must continue to closely monitor employment law updates and put the wellbeing of their employees first!

So, how can you practice this in your small business? And how can you create a safe, positive workplace to attract and retain top talent? Below, we’re reviewing the latest HR trends, challenges, and areas that employers and HR professionals will focus on following the pandemic.

1. Employee Mental Health & Wellness

The COVID-19 pandemic took a toll on many people’s mental health and wellbeing due to stress and uncertainty. After all, we experienced a sudden shift in how we work. Many of us began working from home, perhaps isolated or constantly surrounded by kids and/or family, with little to no time in the office. This exacerbated issues for those with underlying/preexisting mental health conditions. 

Remote work makes it tough for managers to be aware of how their teams are doing, so they must find ways to stay attuned to employees’ mental health. When it comes to HR, practice transparency and open communication to find out how your employees are doing, what they are working on, and ensure they are not getting burnt out.

You can also find new ways to create a healthy and flexible work environment. Lead by example by practicing self-care, setting boundaries, taking time off, and setting expectations for the rest of their team.

2. Enhanced Remote Work Strategies

Speaking of remote work, it’s clearly not going away so business owners and HR teams need to figure out how to make it more effective. Employees have come to expect it, as they love the flexibility it offers!

HR consultants and departments must boost employee productivity by ensuring that they have all the tools they need to do their work efficiently as possible. They must continue figuring out the best technology and solutions for a remote workforce.

Additionally, remote work can lead to extended workdays and employees completing tasks outside of normal work hours, which could result in wage and hour issues. Make sure your company’s remote work policies are sufficient and effectively communicated.

3. Modified & Modern Employee Benefits

Today’s talent wants not only the best health insurance and benefits, but additional perks and benefits that prioritize their health and work-life balance.

Employers and HR teams should keep employees’ new needs in mind. Implement wellness and healthcare programs. Allow flexible schedules for employees with children and family members they are responsible for. Consider what other unique employee benefits and perks you can offer to show employees and candidates alike that you value them.

4. Workplace Culture

HR teams are considering virtual ways to boost employee engagement and maintain a positive workplace culture, especially with remote work becoming the norm.

Without a physical office, employees can end up feeling isolated and disengaged. Employers can get creative with virtual meetings and team activities, from specific team-building activities to just-for-fun hangs.

Use employee surveys to stay on the pulse of morale and what they’re looking for. Many get “Zoom fatigue” — and who can blame them?! Constant virtual meetings are draining. Make sure the activities and methods you use for workplace culture are the right fit for your team.

5. HR & Communication Technology

The push toward HR automation with cloud software will continue in the post-pandemic world. Organizations are looking to streamline processes by going virtual in areas of recruiting and onboarding, drug testing, and pre-employment occupational health testing, to name a few.

Many companies have also been perfecting their tech stack for managing employee communication, from Zoom to Slack and beyond — now that there are countless options! 

Sufficient communication apps are crucial, as employers need to maintain and encourage communication to effectively manage a workforce. You can use those tools to share: 

• New and updated company policies
• Email and video updates from leaders
• Helpful resources for employees
• COVID-19-related updates, information, and measures the company is taking

6. Diversity, Equity & Inclusion

Over the last couple of years, social justice movements have spurred HR teams to focus more heavily on diversity, equity, and inclusion (DEI) initiatives in the workplace. This means building a more diverse workforce, which is both the right thing to do and can benefit your business!

Effective DEI training programs and initiatives can help with recruiting, employee engagement and productivity, retention, and company reputation. Business owners and their HR teams should work to hire new employees and create a safe and inclusive workplace for all. You can start by bringing in experts to speak and train your current employees on DEI topics.

7. COVID-19 Considerations

Do you have a clear procedure for handling COVID-19-related sick leave and accommodations? Although we’re a couple of years in, employment laws and regulations are constantly changing.

COVID-19 is not a recognized disability under the Americans with Disabilities Act (ADA), but you should continue handling accommodation requests per usual and identifying when an employee’s disability impacts their job functions. If it does, engage in a meaningful dialogue and provide accommodations where reasonable and required.

Then there is paid sick leave specifically for COVID-19 reasons. Stay up-to-date with your state or jurisdiction paid leave laws, as many have expanded them to apply to the coronavirus.

8. Ever-changing HR Compliance

In addition to COVID-19 implications on HR, labor laws continue to change in several other significant areas. This makes it difficult for small business owners and their HR departments to keep up!

First, look at HR functions in your business such as harassment training, background checks, drug testing, and leave benefits. Some states have recently changed the definitions of and difference between an employee and contractor. HR teams will need to reevaluate and rework employee handbooks, policies, and practices to maintain compliance.

9. Marijuana Usage Laws

One such area that affects HR is the legalization of recreational and/or medical marijuana in a growing number of states. Employers still have the right to implement drug-free workplace policy. But be wary when requiring drug testing, as the laws vary in each state.

Stay updated on the status of marijuana laws and regulations. Keep ADA considerations in mind in cases of employees who use medical marijuana and proceed accordingly.

COVID-19 Changing the Face of HR

While COVID-19 has posed many challenges for employers across the spectrum, it is also impacting certain areas of HR for the better. We will see HR professionals and organizations in general take a more empathetic, compassionate approach focused on their employees’ overall well-being and creating a safer workplace.

Additionally, employers will need to keep evolving their practices and technology to boost efficiency and productivity. Not to mention the new compliance complications, such as drug testing and rapidly changing marijuana usage laws.

Has COVID-19 impacted your HR practices and overall workplace? For guidance with unique coronavirus-related issues, contact BlueLion at 603-818-4131 or info@bluelionllc.com to learn how we can help! 

Take the proper precautions to ensure your workplace and employees are safe. Put a plan in place in case someone does show symptoms or become infected with the coronavirus. When you have that plan ready, you can take action right away and reduce the risk of spreading the virus among more workers. 

Below, we’re sharing six steps along with updated facts and guidelines from the CDC. Follow these to protect your employees and your entire business amid the COVID-19 pandemic.

Send home any employee who has symptoms of COVID-19.

This goes even for an employee who is showing related symptoms but has not yet been diagnosed. Recommend that they contact a healthcare provider and quarantine at least 10 days (or according to your local/state laws). The CDC reports that individuals who show no symptoms may still be able to spread the virus during that time.

Clean and sanitize areas recently used by the employee.

Employers should perform cleaning and disinfection after anyone suspected or confirmed to have the coronavirus has been in the workplace. Areas to disinfect include:

• Offices
• Bathrooms
• Common areas
• Shared electronic equipment used by the sick person

Close off areas used for prolonged periods of time by the sick individual. If other workers do not have access to these areas or items, wait 24 hours (or as long as possible) before cleaning and disinfecting. 

If the ill employee has not been in the workplace for more than seven days, additional cleaning and disinfection are not necessary. The CDC states that the virus has not been shown to survive on surfaces longer than this time. Outdoor areas do not need to be disinfected.

If the employee is diagnosed with COVID-19, notify coworkers who may have been exposed to them.

Employers should do their best to retrace the infected employee’s activity and notify any coworkers who might have had contact with the infected employee in the days before the diagnosis.

The CDC has determined that COVID-19 exposure risk begins when someone is within six feet of the infected person for 15 minutes or more. Infected individuals can spread the virus 48 hours before experiencing symptoms.

By notifying and following up with other employees immediately, you will provide a safe workplace and reduce the risk that more of your staff will be exposed. Employers should also be sure to follow requirements for notifying local or state health authorities of COVID-19 cases.

Additionally, consider informing any clients, vendors, and/or guests who may have been exposed to the diagnosed employee. Exposed individuals should isolate for 14 days. Certain essential workers (e.g.: healthcare, law enforcement, and food and agricultural workers) may be permitted to continue work following exposure to COVID-19 as long as they remain asymptomatic, continue to self-monitor, and wear a face mask. 

Keep the employee’s identity confidential.

The American Disabilities Act requires employees’ medical information remain confidential. This means employers must not share the identity of the employee diagnosed with COVID-19. Any medical or health information the employer gathers should be kept in a private folder that only critical human resources personnel can access.

Create a simple notification template now in order to be prepared if a case of COVID-19 does occur in your workplace.

Determine if the COVID-19 case is work-related.

The OSHA Guidance on Recording and Reporting COVID-19 Cases mandates that employers make a “reasonable and good faith inquiry” to find out if the case is work-related.

Employers must report the COVID-19 illness if they determine “it is more likely than not that exposure in the workplace played a causal role” in the case. Basically, employers are expected to make a reasonable investigation by: 

• Asking the employee how they believe they contracted the coronavirus;
• Inquiring about the employee’s activities both in and out of the workplace while respecting his or her privacy; and
• Reviewing the employee’s work environment for potential COVID-19 exposure.

Employers are NOT expected to undertake extensive medical inquiries. 

OSHA explained that a case of COVID-19 is likely work-related if there is a group of employees who test positive or if an employee tests positive after prolonged exposure to an infected customer or coworker. A case is unlikely to be work-related if the employee is the only worker to contract the virus and there is an alternative explanation.

Determine when the employee may return to work.

The CDC advises employers not to require a negative COVID-19 test before returning to work. Instead, they recommend following symptom-based guidelines for discontinuing isolation:

• Those who never developed symptoms may discontinue isolation and other precautions 10 days after the date of their first positive test.
• Those with moderate to mild symptoms can end isolation if they meet the following conditions:
  • At least 10 days have passed since symptom onset and
  • At least 24 hours have passed since the last fever without the use of fever-reducing medications and 
  • Other symptoms have improved.
• Those with severe symptoms may need to isolate for up to 20 days or longer after first showing symptoms.

Keep Your Business Safe & Successful During COVID-19

As we continue to learn about the coronavirus and how to combat it, guidelines and requirements continue to progress. Keep checking the BlueLion blog for updates and recommendations on everything you need to know as a business owner. 

If you need assistance managing your company through a case of COVID-19 or you simply want to prepare your team if a case does occur, contact our human resource experts today at 603-818-4131 or email us at info@bluelionllc.com. We are here to help you through these uncertain times!

The information on this website, including its newsletters, is not, nor is it intended to be legal advice. You should contact an attorney or HR specialist for advice on your individual situation.

Whether your company is still working out the kinks of a remote workforce or your team is back in the office, there are actions you can take to prepare for COVID-19 issues and protect your employees. Check out these preliminary planning steps, then read on for seven tips for keeping everyone safe and healthy in the face of the coronavirus.

How to Prepare Your Workplace for COVID-19 Disruptions

As the seasons change and we continue to learn about the coronavirus, what comes next is uncertain—but you can put plans in place to keep your company agile. The CDC recommends the following:

• Nominate a workplace coordinator who is comfortable monitoring COVID-19 issues and their effects on the workplace. This person should keep up with regulation changes and update all staff accordingly. 
• Identify essential employees, business functions, and other key components (e.g.: raw materials, suppliers, subcontractor services/products, and logistics). Think of how you can continue business operations if there are disruptions. 
• Create plans to keep business going in cases of significant absenteeism, supply chain disruptions, or changes in the way you need to conduct business. 
• Establish an emergency communication plan. Identify key contacts (with back-ups), a chain of communication (including suppliers and customers), and processes for tracking and communicating about business and employee status. 
• Share your response plans and expectations with employees if COVID-19 occurs in areas where you have a workplace.

8 Tips to Ensure Workplace Health and Safety During Coronavirus

Once you have procedures outlined, you should take measures to keep employees healthy and keep your business functioning. 

Encourage sick employees to stay/go home.

Employees should stay or return home if they have: 

• Symptoms of acute respiratory illness
• Fever of 100.4 F or higher using an oral thermometer
• Signs of a fever
• Any other COVID-19-related symptoms

Individuals should be free of the above symptoms for at least 24 hours without the use of symptom-altering medicines like fever-reducers and cough suppressants. 

Don’t require a doctor’s note for those sick with acute respiratory illness. Healthcare providers are extremely busy and may not be able to provide documentation in a timely manner.

The same goes for contractors and temporary workers, who should also remain healthy or stay home if they are sick. Discuss this with staffing companies or contractors you work with to find out what COVID-19 precautions they are taking. Encourage them to establish non-punitive emergency sick leave options as well.

Review and develop flexible policies for scheduling and leave.

Part of encouraging sick employees to stay home includes developing flexible policies so that workers can take leave without fear of retaliation. This should include non-punitive scheduling and telecommuting (where possible) policies. Employees should be able to stay home to care for sick family members or to care for children if schools and childcare close.

As part of the Families First Coronavirus Response Act, the government enacted Expanded Family Care Leave and Emergency Paid Sick Leave. These benefits are meant to help businesses help their employees by providing additional leave and supplemental income during this time. Make sure you know how these benefits work by reading our previous blog posts, then communicate them to your employees.

Create clear and consistent remote work policies.

Whether your business is still new to remote work or your team has been telecommuting for several months, you should answer the following questions:

Is your business equipped to telecommute? 

Make sure employees have the proper technology and equipment to successfully work from home. You’ll also need a powerful and secure network.

Which employees are eligible for remote work? 

Determine who is able to work from home based on their job duties, department needs, rank, seniority, or other non-discriminatory factors (particularly if it is not possible to offer telework to all employees). 

Give thoughtful consideration to requests to telework from employees with underlying conditions that qualify as ADA disabilities. These individuals likely have valid concerns that exposure to COVID-19 could pose a health risk to them.

How will you ensure accountability? 

A successful remote work relationship requires both trust and accountability. Communicate expectations and telecommuting policies to employees from Day 1. This includes work hours, methods and frequency of reports and communication, and productivity expectations. Employers should also have timekeeping procedures and tools in place for non-exempt employees, who should be recording all hours worked.

Check out more tips for managing a remote workforce and learn how to motivate telecommuters.

Encourage safe practices in the workplace.

Post signage encouraging staying home when sick, cough and sneeze etiquette, and hand hygiene at the entrance to your workplace and in other spots where it will be seen. Instruct employees to wash their hands in soap and warm water for at least 20 seconds or to use hand sanitizer. It’s basic, we get it, but sometimes people need a reminder!

Supply the following throughout your workplace:

• Hand sanitizer that contains at least 60-95% alcohol
• Antibacterial soap at all sinks
• Tissues
• No-touch trash receptacles
• Face masks

Ensure physical distancing of at least six feet and space employee workstations accordingly. This may require adjustments to workstations, common spaces, or transport vehicles. Consider staggered schedules or split teams to maintain a certain number of people in the workplace at a time. 

When physical distancing is not feasible, employees should wear face masks and other PPE if necessary (e.g.: screens or sneeze guards). 

Include thermal testing as part of your precautions, but don’t rely on it as the only measure. Temperature screening cannot detect all cases of COVID-19 because some infected individuals may not have a fever immediately.

Clean the workplace regularly.

Clean and disinfect all commonly used surfaces with the cleaning agents you normally use in these areas. This includes: 

• Workstations
• Countertops
• Handrails
• Doorknobs
• Bathroom facilities

Provide disposable cleaning wipes for employees to use on their desks and equipment. Advise people not to share tools and equipment if possible. 

Consider the need for travel and explore alternatives. 

If your employees are planning to travel, advise them to check the CDC’s Traveler’s Health notices for the latest guidance and recommendations based on where they intend to travel. 

Workers should also check for symptoms of acute respiratory illness before traveling. If they are sick, they should stay home, notify their supervisor, and call their doctor if necessary.

Ideally, companies should opt for teleconferencing and video conferencing as much as possible during this time. Encourage your employees to limit business travel, especially to areas with many coronavirus cases. 

Implement a self-quarantine policy requiring employees to stay home for 14 days if they do have to travel to regions with a high risk of the coronavirus. Be sure to expand remote work options for those who need to self-quarantine.

Review your employees’ rights, duties, and responsibilities with them.

Make sure your team is aware and educated about the required COVID-19 workplace health and safety measures. Once they are aware of the policies, workers are responsible for following these rules and attending any training you provide. 

Employees should inform their supervisor if they have any concerns about their health or safety in the workplace. Make sure they know that they have the right to remove themselves from any such work situation (with reasonable justification) and that they will not receive undue consequences as a result of exercising this right. 

Protect Your Company & Employees Against COVID-19

Workplace health and safety has taken on a whole new meaning throughout the COVID-19 outbreak. It takes commitment and participation from all employees in order to keep everyone healthy. Follow the planning and tips above and communicate policies clearly to all workers. Communication is key during this complicated time. 

If you need more guidance on how to keep your team safe during this time, contact BlueLion’s human resources professionals today at 603-818-4131 or info@bluelionllc.com. We will help you manage any health and safety concerns that arise and help you stay updated on the latest coronavirus mandates.

The information on this website, including its newsletters, is not, nor is it intended to be legal advice. You should contact an attorney or HR specialist for advice on your individual situation.

What is the CARES Act? This $2.2 trillion initiative is meant to help struggling businesses and individuals during the coronavirus pandemic. The legislation includes three unemployment programs in order to provide assistance to more workers than ever before. We’re here to break down each program and the benefits for both employers and employees.

Check out our latest video update below, where we answer rapid-fire questions for a quick rundown of the current unemployment benefits. Be sure to keep on reading to learn exactly what is included, who is covered, and how individuals should apply.

CARES Act Fast Facts:

• The CARES Act provides an additional $600 per week in unemployment benefits.
• It also extends eligibility for unemployment benefits by up to an additional 13 weeks.
• Employees cannot simply refuse to return to work to keep collecting unemployment.

Federal Pandemic Unemployment Compensation (FPUC)

The Federal Pandemic Unemployment Compensation (FPUC) program provides eligible individuals with an extra $600 a week in benefits. Yes, this is on top of the standard state-allowed rate—and yes, it is possible for employees to make more money on unemployment than they did in their regular paycheck.

Who is Eligible?

• Anyone who receives unemployment benefits from the state may receive the additional $600 per week.
• People who do not qualify for an underlying benefit are not eligible for FPUC benefits.
• The additional $600 is payable through the unemployment benefit week ending on or before July 31.

The big BUT here? A person cannot simply decide to stay home and keep collecting unemployment if their employer is operational and has work for the employee. If an employee refuses to return to work, this is a form of resignation and they will NOT be eligible for unemployment benefits.

Pandemic Emergency Unemployment Compensation (PEUC)

The CARES Act also includes the Pandemic Emergrency Unemployment Compensation (PEUC) program, which provides up to 13 additional weeks of federally funded unemployment benefits to those who qualify.

Who is Eligible?

These expanded benefits are available to people who:

• Have exhausted all rights to regular compensation under federal or state law for a benefit year ending on or after July 1, 2019.
• Are not eligible for regular compensation for the week in question under any other federal or state unemployment compensation law, or for compensation under any other federal law.
• Are not receiving compensation for the week in question under the unemployment benefit laws of Canada.
• Are able and available to work and actively seeking work. (Note: States must offer flexibility on the “actively seeking work” requirement when there are COVID-19-related constraints.)

The good news for employers: The state cannot charge you for the PEUC benefits you pay because these benefits are fully funded by the federal government.

Pandemic Unemployment Assistance (PUA)

The unprecedented Pandemic Unemployment Assistance (PUA) program provides unemployment benefits to independent contractors, gig workers, and the self-employed. Those who are eligible for PUA are also entitled to the $600 a week under the FPUC program.

Unemployment benefits are only available when gig workers are “forced to suspend operations.” Those who choose to stay home because they are older or in another vulnerable group may not be eligible for unemployment benefits unless they have proof that a medical professional advised them to stay home.

How to Apply for CARES Act Benefits

Are your employees looking for guidance on how to apply for the CARES Act unemployment benefits?

Advise them to contact the unemployment office of the state in which they work as soon as possible to file a claim. They will first need to be approved to receive regular state benefits. The easiest way to do this is by visiting the Department of Labor’s Unemployment Benefits Finder to search for your state’s website.

Eligible people will receive the extra $600 a week from the federal program, but the underlying state benefits vary by location. Individuals must also keep applying for unemployment every week because the state wants to verify that the claimant did not work the previous week. Many states, like New Hampshire, are setting designated times for people to file their claims. Make sure you check your unemployment office’s website to find out your time range.

We highly recommend signing up for direct deposit, which is much faster than mailed checks. Those who haven’t received their first payment yet should not worry, as unemployment offices have been inundated with claims. People should continue applying weekly for their benefits and remain patient.

Offering COVID-19 Assistance & Resources

Although you may find yourself in a difficult position as a business owner during this time, there are still ways you can help your employees and ensure your company is set up for future success. We’ll continue sharing updates on COVID-19 legislation as they are released, so keep checking the BlueLion blog. You can also read our guides on the Emergency Paid Sick Leave and Expanded Family Care Leave policies.

If you’re a small business owner, take advantage of our FREE services on COVID-19-related issues. Feel free to call us at 603-818-4131 or email us at info@bluelionllc.com.

The information on this website, including its newsletters, is not, nor is it intended to be legal advice. You should contact an attorney or HR specialist for advice on your individual situation.

The government has recently formed the Families First Coronavirus Response Act (FFCRA). This benefit helps small business owners and protect employees and their families with emergency paid sick leave and expanded family and medical leave. It is meant to provide supplemental income and is based on the government’s current estimates of how long they expect the COVID-19 health emergency to last.

This post will cover the Expanded Family and Medical Leave Act (FMLA) portion of this legislation. We’ll outline how it works, who it applies to, and advise you on how to properly administer the paid leave. 

Check out our video summary of the expanded family leave, then read on for all the details. We’ve also included downloadable resources toward the end.

Expanded Family and Medical Leave Fast Facts

• Covers certain public and private businesses with less than 500 employees
• Required for all employees who have been employed for at least 30 calendar days
• Available to employees after first 10 days of leave
• Applies through December 31, 2020
• Addition to Emergency Paid Sick Leave
• NOT available to businesses on a temporary shutdown
• NOT retroactive – began April 1st

What employees are covered?

For employees who have been employed for more than 30 days, employers must provide up to 10 additional weeks of paid expanded family and medical leave. Pay will be at ⅔ or 66.66{b30e8b56753bfd926332494f83835a922418a2bfafec826e318c7c370e658baa} of the employee’s regular rate of pay OR ⅔ of the applicable minimum wage, whichever is higher.

Your employee qualifies for expanded FMLA if they are unable to work or telework because they need to care for their child when: 

• Their school or childcare provider has been closed
• Their regular childcare provider is unavailable due to a COVID-19 public health emergency

A child is defined as a biological, adopted, foster child, stepchild, legal ward, or a ward of a person acting as a legal guardian who is either:

• Under 18 years old; or
• 18 years or older and incapable of self-care due to a mental or physical disability

A childcare provider is an individual or organization that receives compensation for providing childcare services on a regular basis.

How does it work? 

For the first 10 days of leave, the time will be unpaid (unless you as the employer decide otherwise). Employees can, however, choose to use their accrued paid vacation, personal days, or sick leave during this period.

Employees also have the option to use paid leave under another part of the Families First Coronavirus Response act, which you can learn in our other blog post on the Emergency Paid Sick Leave Act.

After 10 days, the employer will provide expanded FMLA.

Duration

• Date public health crisis ends, and
• Up to 10 weeks

Calculation

Partial Payment = Greater of ⅔ or 66.66{b30e8b56753bfd926332494f83835a922418a2bfafec826e318c7c370e658baa} of the employee’s regular rate of pay OR ⅔ of the applicable minimum wage

• Maximum of $200 per day
• Maximum in total = $10,000 (over a 10 week period)

This, combined with the maximum two weeks of emergency paid sick leave, means an employee can receive up to $12,000 maximum over a 12 week period under the FFCRA.

How should I manage this benefit?

First things first, make sure you post the notice of FFCRA requirements in an obvious place on your premises. We recommend putting it in the same spot as your labor laws posters and other regulation signs. You can download this model notice from the Department of Labor for your business’s use.

When an employee requests expanded family leave, they should submit written notice to the appropriate manager. The notice should include the reason for leave and, if possible, the expected duration. We have included a sample expanded family leave policy with a request form. You can download and edit this form with your company’s information.

How will I pay for it?

To make this as easy and stress-free on employers as possible, the government is providing a 100{b30e8b56753bfd926332494f83835a922418a2bfafec826e318c7c370e658baa} tax credit of the funds paid out for the expanded FMLA. This credit applies to any qualifying wages paid under the FFCRA, up to the maximum amounts listed above.

Note: If you as the employer decide to pay more than the maximums, you will be responsible for those amounts.

Employers are also still required to pay for an employee’s health benefits during emergency paid family leave. In good news, the tax credits also apply to costs for maintaining health insurance coverage during this emergency leave.

Awesome! Now how do I get reimbursed?

Below is a sample calculation for an employer who has paid $5,000 in leave and would normally owe $8,000 on their next quarterly payroll taxes.

$8,000 (payroll taxes)
– $5,000 (sick leave)
__________________
$3,000 (remaining payroll taxes you’re responsible for)

It is as simple as that! If you already paid your taxes prior to this act and realized you now owe less, it’s an easy fix. All you have to do is submit a form for an immediate tax credit. You don’t even need to wait until the end of the year—you can submit this on your next regular deposit date.

Bonus Tax Tips:

• Run everything by your payroll specialist, CPA, or tax accountant to ensure your taxes are calculated correctly and you receive the maximum refund.
• Classify these entries under a unique code, like “Federal Paid Leave”, to keep your records clean and easy to read.

Navigating and Breathing Through COVID-19

While there is a lot of news and constant changes regarding coronavirus laws for businesses seemingly every day, keep in mind that the legislation has been created to support you and your employees. And keep checking back at the BlueLion blog, where we will be posting regular updates on everything you need to know as a business owner.

Head to our blog post on the Emergency Paid Sick Leave Act for more information and resources on the other portion of the FFCRA.

BlueLion is also offering FREE services to small business owners on COVID-19 related issues. Please contact us at 603-818-4131 or email us at info@bluelionllc.com. We’ll be here to help guide you through these uncertain times.

The information on this website, including its newsletters, is not, nor is it intended to be legal advice. You should contact an attorney or HR specialist for advice on your individual situation.

The good news is that the government recently enacted the Families First Coronavirus Response Act (FFCRA). This law requires employers to provide employees with paid sick leave or expanded family and medical leave for reasons related to COVID-19. These benefits are intended to help businesses help their employees by providing additional leave and supplemental income during this time—at no additional cost to employers!

In this post, we’re diving into the details and answering all your FAQ’s about one aspect of this legislation, the Emergency Paid Sick Leave Act. Watch our video summary of the paid sick leave benefit, then continue reading our complete guide. Be sure to stick around until the end for downloadable resources.

Emergency Paid Sick Leave Fast Facts

• Covers certain public and private businesses with less than 500 employees
• Required for all employees immediately, regardless of length of employment
• Applies through December 31, 2020
• Addition to employer’s existing sick leave policy
• NOT available to businesses on a temporary shutdown
• NOT retroactive – began April 1st

Employers are required to provide one of two benefits to all employees:

• Pay at the employee’s regular rate for two weeks (up to 80 hours) when the employee is unable to work because they are quarantined and/or experiencing COVID-19 symptoms and seeking a medical diagnosis

OR

• Pay at ⅔ or 66.66{b30e8b56753bfd926332494f83835a922418a2bfafec826e318c7c370e658baa} of employee’s regular rate for two weeks (up to 80 hours) because they are unable to work due to:
  • A need to care for an individual subject to quarantine
  • A need to care for a child whose school or childcare provider is closed or unavailable for reasons related to COVID-19
  • And/or the employee is experiencing a substantially similar condition

What employees are covered?

Under the FFCRA, an employee qualifies for paid sick leave if the employee is unable to work (or telework) because:

1. The employee is subject to a federal, state, or local quarantine or isolation order;
2. The employee has been advised by a health care provider to self-quarantine;
3. The employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis;
4. The employee is caring for an individual to which points 1 or 2 apply;
5. The employee is caring for a child if the child’s school or place of care has been closed due to COVID-19 precautions; or,
6. The employee is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services in consultation with the Secretaries of Labor and the Treasury.

How does it work? 

Next, let’s take a look at how to calculate emergency paid sick leave for your employees.

Duration

Full-time employees are eligible for up to 80 hours of leave, while part-time employees are eligible for the number of hours they work on average over a two-week period.

Calculations

For Qualifying Reasons 1-3 listed above (i.e., if the employee directly is sick/under quarantine): 

• Maximum of $511 per day
• Maximum total = $5,110 (over a 2 week period)

For Qualifying Reasons 4-6 listed above (i.e., if the employee is caring for someone else): 

• 2/3 (66.66{b30e8b56753bfd926332494f83835a922418a2bfafec826e318c7c370e658baa}) of employee’s regular rate of pay
• Maximum of $200 per day
• Maximum total = $2,000 (over a 2 week period)

How should I manage this benefit? 

First, make sure you post the required notice of the FFCRA requirements in a conspicuous place on your premises. We recommend posting it in the same area as your labor law posters. We’ve included a download of the Department of Labor’s model notice for you.

As for the process, your employees should notify the appropriate manager of their need for leave and the reason. We’ve also included a downloadable sample emergency sick leave policy with a request form. You can edit this policy with your business details and distribute it to your employees.

How will I pay for it? 

This is the part where you can breathe a sigh of relief because you as the employer will be reimbursed for 100{b30e8b56753bfd926332494f83835a922418a2bfafec826e318c7c370e658baa} of the costs!

The government is providing business owners with a dollar-for-dollar tax credit for all qualifying wages paid under the FFCRA. Qualifying wages are those paid to an employee who takes leave under the Act for a qualifying reason, up to the maximum payments listed above. 

To answer another question, yes, you are still responsible for an employee’s health benefits during emergency paid sick leave. Fortunately, applicable tax credits extend to amounts paid or incurred to maintain health insurance coverage.

Ok great, so how do I get reimbursed? 

Let’s walk through it with an example calculation:

You (the employer) paid $5,000 in sick leave and your next quarterly payroll taxes would total $8,000.

$8,000 (payroll taxes)
– $5,000 (sick leave)
__________________
$3,000 (remaining payroll taxes you’re responsible for)

Did you pay your taxes before this act was finalized and discover you actually owed less? No worries! You can simply submit a form for an immediate tax credit. The good news is that you don’t need to wait until the end of the year to do this, but can submit the form on your next regular deposit date.

Bonus Tax Tips: 

• Double-check with your payroll specialist, CPA, and/or tax accountant to ensure your taxes are calculated correctly with the new expanded leave policies.
• Create a new deduction code in your payroll system to keep your records and paperwork clean.

Stay Compliant and Protect Your Employees

There is a lot of legislation and information being released and updated daily, but this is no reason to get overwhelmed! These programs are intended to protect both businesses and employees. 

Check out our blog post on the Expanded Family and Medical Leave Act for more information and guidance on the second aspect of the FFCRA.

If you have additional questions or concerns, please contact BlueLion at 603-818-4131 or email us at info@bluelionllc.com. We are currently offering FREE services to small employers regarding COVID-19 related issues. We are happy to help your company stay compliant and come out successful on the other side of this.

The information on this website, including its newsletters, is not, nor is it intended to be legal advice. You should contact an attorney or HR specialist for advice on your individual situation.