The Workplace Report with Ancel Glink

In the middle of trying to rework and reinvent new daily operations due to the COVID-19 coronavirus, local governments are trying to navigate their obligations under the new legislation related to paid emergency sick leave. Because of the high volume of questions that we are getting related to the implementation of this new law, our Ancel Glink labor team will be hosting a webinar on the Families First Coronavirus Response Act and the Emergency Paid Sick Leave Act on Thursday, April 2, 2020, at 12:00 p.m. To register for this webinar, see the information below. This webinar will discuss: What local governments does this apply to? Which employees do these laws cover? Under what circumstances do we have to pay employees under these laws? How do these laws relate to our existing leave laws? How does this apply to first responders? How can we prevent abuses of these laws? What are the best practices? Frequently Asked Questions Please join our labor and employment t...

Yesterday, we provided a response to frequently asked questions about the Emergency Paid Sick Leave Act (“EPSLA”). Today, we are providing answers to questions that we have been asked about the Emergency Family Medical Leave Expansion Act (“EFMLEA”). Q: Who is entitled to leave under the EFMLA? Answer: The EFMLA pertains only to those employees who have a “qualifying need related to a public health emergency.” This need pertains only to those employees who cannot work or telework because of the need to care for a son or daughter under 18 years of age whose school, place of care or childcare provider cannot care for the child due to a public health emergency. The EFMLEA does not change any other FMLA terms. Q: How much leave is a qualifying employee entitled to receive? Answer: A qualified employee is entitled to 12 weeks of leave. Q: Is paid leave required under the EFMLA? Answer:  Yes. The Act states that the first 2 weeks of leave are unpaid; however, compen...

Who says government always moves slowly? In record time, not only has the federal government adopted three new complex pieces of legislation addressing coronavirus emergency measures but now, the Department of Labor has issued its first guidance on the subject. Below are some frequently asked questions about the Emergency Paid Sick Leave Act . Tomorrow we will cover the temporary expanded Family Medical Leave Act. What are the actual effective dates of the Emergency Paid Sick Leave Act (EPSLA)? Answer: Although uniformly thought to be April 2, 2020, through December 31, 2020, the Department of Labor has set the effective date for April 1, 2020. I am a small government employer with five employees who work for me – does the EPSLA apply to my employees? Answer: The Act specifically states that all governmental employers and all private employers with fewer than 500 employees are covered by the Act, but see #10 below. If we already gave our employees two weeks off...

We were recently asked about the applicability of certain provisions of the Families First Coronavirus Response Act , specifically, the Emergency Family and Medical Leave Expansion Act and the Emergency Paid Sick Leave Act, to units of local government. For reasons discussed further below, we believe that both the FMLA Expansion Act and the Emergency Sick Leave Act apply to local government employers. First, the FMLA Expansion Act, which applies to childcare related work absences occasioned by school closures or the loss of childcare due to COVID0-19, provides that definitions pertaining to who is an “employer” are taken from the Fair Labor Standards Act (“FLSA”) definitions of the term “employer.” More specifically, at 29 U.S.C. 203(d) , the FLSA provides that an “employer” “…includes a public agency…” The FLSA then goes on to define the meaning of the term “public agency” at 29 U.S.C. 203(x) as “…the government of a State or political subdivision thereof.” So, for purposes of th...

Many clients have been asking about “emergency sick leave” which had been mentioned in various press conferences, but until last night, not finalized. On March 18, 2020, President Trump signed the Families First Coronavirus Response Act (“FFCRA”) into law. The new law becomes effective on April 2, 2020, and covers employers with fewer than 500 employees. The following is a summary of changes and expansion of the Family Medical Leave Act (“FMLA”) and the new Emergency Paid Sick Leave Act that will both become effective with the new law. Please note that this new law gives the U.S. Secretary of Labor the authority to issue regulations and guidance regarding the new laws. That has not occurred yet, but we will be closely monitoring any additional developments. The following is a summary of what we know today. Finally, the new law contains tax credit provisions for private employers. Emergency Paid Sick Leave Act In summary, this statute is new and it requires all employers, incl...

Last Saturday, the U.S. Congress passed the federal Families First Coronavirus Response Act , mandating paid leave and expanding FMLA benefits for those affected one way or another by coronavirus. It was sent to the Senate, where it has not yet passed, but it is likely to be approved. Although still subject to Senate amendments, if it becomes law as it is written today, employees of employers with fewer than 500 employees would be entitled to the following paid leave benefits: Who: Full and part time employees are eligible for this leave regardless of their length of service. Although no regulations have issued yet on this proposed Act, it appears to not cover seasonal or temporary employees. What: Full-time employees would be entitled to 80 hours of paid leave. Part-time employees would be entitled to the amount of leave that equals the number of hours that the part-time employee would work on average in a two week period. Available Uses: To self isolate beca...

Employers are scrambling to implement work-from-home policies to reduce their employees’ coronavirus exposure while still maintaining productivity. Where once resistant to most staff working from home, necessity has become the mother of invention. Until now, some employers have had loose policies for exempt employees, allowing them to work remotely from time to time in exchange for longer hours at the worksite, but many employers have been reluctant to allow the same flexibility for hourly or non-exempt workers because, among other things, of the difficulty in keeping track of time worked. While monitoring time is certainly one challenge to work from home benefits, so are a few others. A viable work-from-home policy should include the following: Make sure the policy is clear as to what equipment and materials the employer will provide and what equipment and materials the employee is expected to have. Also, clearly define what expenses the employer will reimburse when the e...

As anxiety grows in the nation and the world about the spread of the coronavirus, employers are increasingly aware of the need to address it as a workplace issue. Here are ten steps that employers should take immediately to address the issue: Direct all employees that if they are sick they must stay home . This includes every level of administration and operations. If an employee reports to work with any viral symptoms (including cold and flu symptoms), send them home immediately. Inform employees that rather than being thought of as extra dedicated when they come to work while sick, they could subject themselves to disciplinary action for unnecessarily exposing co-workers and the public to their illness, as well as possibly creating disruption and disturbance among staff who fear being exposed to illness. Provide educational information on coronavirus as well as other common viruses, such as flu and colds. Address common myths about coronavirus for co-workers and the publi...