by Carolyn Kick | Apr 28, 2020 | Compliance, COVID-19 Resources, Return to Work
Filling out form I-9 is a standard onboarding procedure for any new hire. The new employee fills out Section 1 and provides supporting documentation of their identification and work-eligible status; then an HR professional makes copies of that documentation, completes Sections 2 and 3 (as applicable), and retains the form.
Generally speaking, it’s expected that the I-9 is completed in person, with the new hire and a HR professional exchanging physical documentation and verifying information face-to-face.
However, given the CDC’s social distancing guidance for COVID-19, that procedure obviously isn’t appropriate for this moment. In order to enable strong businesses to continue hiring and providing meaningful work for new employees, the Department of Homeland Security (DHS) has temporarily deferred in-person I-9 verification.
Moving forward, we’ll explore:
- Hiring/operating procedures during the current COVID-19 I-9 deferral period
- The term of the deferral
- Compliance expectations at the end of the deferral
- The value of this deferral period for businesses
Modified Procedures for COVID-19
The DHS has temporarily suspended the need for in-person I-9 verification. That means businesses can continue to hire and onboarding new employees remotely during this time without fear of non-compliance.
For now, documents pertaining to identity verification and employment eligibility can be submitted and reviewed remotely (i.e. by scanning and attaching documents to an email or submitting through an HR portal). Copies of those files should be retained in your internal HR records.
DHS’ verification deferral has also loosened up the time window for I-9 completion. Temporarily, employers have three working days to complete the paperwork and confirm documentation instead of just one day.
How Long Will This Deferral Last?
The I-9 verification deferral period will end either sixty (60) days from March 20, 2020 or three (3) days after the end of the COVID-19 national emergency has been announced, whichever comes first.
What Do We Need to Do to Comply When This is Over?
Once the deferral period ends (as described above), employers have three business days to complete standard in-person I-9 verifications for any employees they have hired and onboarded during the deferral.
Under “Additional Information” on Section 2 of form I-9, the employer must note that COVID-19 temporarily prevented them from a detailed physical review of the original documentation and provide the date they physically examined the documents. From there, the forms can be filed and retained as usual.
Why is This Deferral Good for Business?
In-person I-9 verification would prevent many businesses from filling the holes in their depth chart created by COVID-19, as employees must take leave for their own health, to care for a family member, or to supervise children. By enabling streamlined remote hiring, the DHS is providing support to businesses who are doing their best to continue the work and provide paychecks to their teams during this time.
Furthermore, remote hiring has the potential to connect great talent with jobs where they can be impactful faster than ever, fighting back record unemployment to help jumpstart the economy once again.
Takeaways
The Department of Homeland Security is deferring in-person I-9 verification during COVID-19-related social distancing. This is a great opportunity for businesses to fill out their teams and keep the work going without slipping into noncompliance, but it’s important to remember:
- The deferral window will end on May 19 or 3 days after the national emergency is declared to be over
- Employers still need to review digital versions of identification/eligibility documents within three days of hire
- When the deferral period ends, employers will have 3 days to complete traditional in-person I-9 verification
by Carolyn Kick | Apr 28, 2020 | COVID-19 Resources, Webinar Recap
The COVID-19 outbreak is changing the way that America works. Even companies that had never had a work-from-home policy are now going fully remote. And companies with flexible work policies are having to expand those policies dramatically. Whether you have always allowed some remote work or you are new to this way of work, odds are that you are having to reinvent just about every aspect of your operations.
And with the virus taking a heavy toll on growing businesses, the stakes have never been higher to get remote work right.
That’s why Launchways gathered a panel of experts to help growing businesses transition to remote working effectively. Our panelists drew upon their experience to outline clear best-practices that any business can implement to help their company run more smoothly in the era of COVID-19 quarantines and fully remote work. If you missed the original webinar, you can still stream it on demand. The hour-long webinar covered important topics that included:
- How and why companies should put together remote work agreements
- General best practices and pitfalls of remote workforce management
- Why communication is more important now than ever and how to get it right
- How to support your managers in their new role managing a remote team
- How to interview and onboard new hires remotely
- How to maintain your company culture while remote
Webinar Overview
Our panelists shared best-practices and pitfalls in setting up and managing a remote workforce. They started by stressing the importance of updating company policies to help remote work run smoothly from the get-go. That includes both creating an explicit remote-work agreement with each remote employee and the key considerations in creating remote work practices, including:
- Expectations for work hours, communication, availability, and overtime
- Approved and required channels of communication and work
- Workflow and accountability systems
Throughout the webinar, the message from all five panelists was clear. In every aspect of remote management, employers need to:
- Set clear expectations in advance and establish accountability for those expectations
- Communicate clearly, explicitly, and more proactively than ever before
- Prioritize employee engagement and connection
Since so much relies on effective communication when teams are working remotely, the panelists addressed how to set up the proper communication channels and routines before exploring the specifics of managing a remote team.
Communicating for Effective Remote Work
Perhaps the biggest risk when transitioning to remote work is how easy it is to lose track of projects, employees, and team progress. Without the routines and casual connections of the workplace, it’s very easy for teams and productivity to stagnate and for damaging miscommunications to arise. When working remotely, it’s more difficult to get a read on how things are going in general.
Our panelists especially stressed the risks of allowing gaps in communication that employees will naturally fill. For example, if an employee is not getting feedback and input on their progress while working from home, they are very likely to interpret it one of two ways: either that the project is not very important and their work is simply adequate or conversely, that they are underperforming. Either scenario will result in reduced productivity and morale.
In addition to exploring the communication risks inherent to remote work, our panelists laid out easy best practices to minimize those risks and maximizing productivity and collaboration, including:
- Prioritizing synchronous communication such as phone calls and video meetings over asynchronous communication including emails and texts which carry a higher risk of miscommunication
- Implementing and utilizing an integrated chat system such as Slack or Microsoft Teams
- Using project management software to maintain and track workflows
- Establishing a consistent meeting cadence including team-wide and one-on-one meetings
- Always being proactive rather than reactive in your communications strategy
Other Top Topics for Remote Work
After addressing overall remote work strategy and effective communications, our panelists explored several common areas of concern when transitioning to remote work. The first of these was how to properly support front-line managers during the COVID-19 crisis. Employers face the difficult task of creating business and workforce strategies that will get their companies through the current crisis. It can be easy to forget that your managers face equally daunting and uncharted territory navigating their teams through the outbreak and the transition to remote work. They can easily become lost, which can be crippling to team morale and productivity. Leadership needs to work as closely as possible with managers to create a cohesive approach to remote work, provide necessary resources and feedback, and simply let them know that they aren’t going through this alone.
Next, the panel tackled the topic of interviewing and onboarding new hires in the era of remote work and quarantine. While some businesses have frozen hiring, others are continuing to grow and hire. But fully-remote hiring and onboarding isn’t something that most managers have vast experience with. For both processes, our panelists emphasized the importance of replicating the in-person experience as closely as possible. That means being truly present in video interviews and making “eye-contact” with the camera. More importantly, it means being as personal and hands-on during onboarding as possible. Get the paperwork and IT setup out of the way in advance as much as possible and focus on integrating new hires into the company culture and their teams by creating interpersonal connections within the digital realm. Set up one-on-one and group meetings with key stakeholders, including more casual hangouts and virtual lunches or happy hours to help new teammates integrate.
Finally, the panel explored how to keep your team connected and engaged while working remotely. Largely, this means fostering the social connections that make a workplace alive by creating spaces for people to interact digitally. Schedule digital coffee breaks, all-team lunches, happy hours, and team activities. Many employers are also encouraging interaction by calling on employees to share pictures of their home offices, pets, culinary creations, and more. The panel also explored the importance of deliberate and compassionate leadership during this difficult time and providing actionable strategies for leaders to craft their management approach during COVID-19.
Stream the Full Webinar Today
We have barely scratched the surface of all the insights our panel shared on the complete 60-minute webinar. Luckily, we recorded the webinar for you to stream on-demand. Stream the complete webinar now.
by Carolyn Kick | Apr 22, 2020 | COVID-19 Resources
As our nation prepares to cautiously re-open the economy in the wake of COVID-19, there are still many reasonable questions about what “business as usual” will look like for the near future. The interpretation of the Americans with Disabilities Act (ADA) moving forward is one area in which business owners and employees with disabilities and pre-existing conditions need more information on as this situation continues to unfold.
Last Friday, the EEOC updated their Q&A guidance regarding COVID-19 and the ADA. You can read the full text, but we wanted to provide a quick breakdown and explanation of the new guidance the EEOC has released.
Moving forward, we’ll explore:
- The expansion of COVID-19 symptoms you can discuss with employees
- Modifications to guidance regarding confidential medical information
- Specific guidance about providing reasonable accommodations during this time
- Reinforcement of the discriminatory status of pandemic-related harassment
- The EEOC’s reminder about discrimination claims due to furloughs & layoffs
- Guidance for transitioning employees back to work
Expansion of Symptoms
Although employers are generally discouraged from asking employees detailed questions about symptoms when they call out sick or request short-term medical leave, the EEOC has clearly established that it is acceptable to ask employees to disclose if they are experiencing specific COVID-19 symptoms.
The EEOC’s most recent guide clarifies that the following symptoms are associated with COVID-19 and that employers may ask about/discuss these with their employees:
- Fever
- Cough
- Loss of smell or taste
- Gastrointestinal problems
Additional symptoms may be added to this list in the coming weeks and months, as the virus becomes better understood.
Communicating Confidential Medical Information
Employers are still forbidden from revealing employees’ confidential medical information or comingling medical information with personnel records. However, given the current circumstances, EEOC has clarified that employers may share information related to COVID-19 among their employees with local public health agencies.
Furthermore, a temporary staffing agency may notify an employer to reveal if a contractor has been diagnosed with or exposed to COVID-19 in order for the employer to measure exposure within their workplace or among their team.
Providing Reasonable Accommodations Under the ADA
As we approach the re-opening of the economy, individuals who are especially vulnerable to COVID-19 may require reasonable accommodations for the foreseeable future. The EEOC went out of its way in the new guidance to establish that the current situation could easily exacerbate many mental health conditions like anxiety, depression, PTSD, etc., so employers in all industries must be open-minded about accommodations.
With that said, the EEOC also established that employees still require documentation from their doctors to receive accommodations, and employers can still choose not to provide those accommodations in the event they cause undue hardship.
The new guidance also explained that the current situation can create new need for accommodations, eliminate the need for prior accommodations, or alter the effectiveness of existing accommodations. That means it’s important to assess the state of ADA accommodations across your organization and reevaluate them to ensure they are still relevant and useful.
Pandemic-Related Harassment
The EEOC explicitly established that discriminating during this time on the basis of race, national origin, etc. will not be tolerated. Stigmatizing or discriminating against employees, prospective employees, or customers because they are perceived as being part of a group or from a place highly impacted by COVID-19 is forbidden under the EEOC guidelines.
Regarding Discrimination Claims Due to Furloughs & Layoffs
The EEOC clarified that special rules apply when an employer is offering employees severance packages in exchange for a general release of all discrimination claims against the employer. The full text of that new guidance and the special rules can be found here.
Transitioning Back Toward Work
As traditional offices and workplaces begin to reopen, many employers are wondering what ADA-compliant steps they can take to protect their business and workforce.
The biggest question many employers have is, “Can we force employees who are sick or may be sick to stay away and use paid time/temporary disability benefits?” Based on clarifications from the EEOC, employers may exclude employees with a health condition that would cause a direct threat to health and safety – that includes COVID-19.
On the other hand, it’s crucial that employers do not do anything during this time that could be construed as discriminatory or unlawful disparate treatment based on protected characteristics (race, color, national original, religion, age, sex/gender, sexual orientation, or physical or mental disability).
Understanding exactly who poses a “direct threat” will likely be an evolving target in the coming months as doctors and scientists begin to understand COVID-19 better. The EEOC stresses that employers should regularly check the FDA and CDC for updated guidance with regard to how to manage their workforces and what best practices to employ to keep everybody safe and healthy.
The new guidance also establishes that employers may require employees to use personal protective equipment (PPE) upon returning to work and observe established infection control procedures, but modifications must still be provided as possible for employees with identified disabilities under the ADA (for example, clear masks or face shields that allow workers who are hard-of-hearing to read lips) unless those accommodations are infeasible or would cause undue hardship to the employer’s business.
Key Takeaways
The EEOC’s new ADA/COVID-19 guidance has clarified some aspects of the road back to work for employers and professionals across the U.S. As we return to some semblance of normalcy, it will be crucial to maintain vigilance about COVID-19 and lead in a thoughtful, compliant manner.
Remember:
- The EEOC has expanded official COVID-19 symptoms employers can ask employees about, adding loss of taste or smell and gastrointestinal problems to the list
- Employers may communicate information related to employees with COVID-19 to local public health agencies
- Temp agencies may discuss exposures related to independent contractors with employers
- Employers need to be open-minded about accommodations for a variety of physical and mental health needs during this time
- Discrimination or harassment related to COVID-19 and any protected group unfairly associated with COVID-19 is strictly prohibited
- Special rules apply for severance packages releasing employers from discrimination claims during this time
- As we transition back to work, employers must balance keeping everybody safe and getting as much information as they can while still avoiding discrimination and respecting private medical information
by Carolyn Kick | Apr 16, 2020 | Business Insurance, COVID-19 Resources, Return to Work
At some point, the quarantine will end and companies will start getting back to business. However, it’s unlikely this return will be “business as usual,” but will instead have to factor in the new nuances COVID-19 has brought about. How we handle going back to work will have a big impact on whether we rid ourselves of COVID-19 for good or if we see the coronavirus come back for new mass infections, as the Spanish Flu did a century ago.
As employers, we have an enormous responsibility to get our team members back to work as safely as possible. Rushing head-on as if nothing has changed since before the virus reached our shores is a surefire way to end up with another quarantine and many sick employees. So you have to plan TODAY for how you are going to reopen your business.
There is no proven formula for how to go back to work safely after COVID-19 has receded. As a world, we’ve never gone through anything quite like this before. But many people are thinking about how to work safely in a post-COVID-19 world and you do not have to reinvent the wheel to keep your team safe. In this post we’ll explore some of the main ideas out there about how to get back to business responsibly, including:
- Why it’s so important that you create a back-to-work plan today
- How to go back to business safely
- Long-term strategies to protect your team, business, and community
Why You Should Create a Back-to-Work Plan Today
If quarantines were lifted tomorrow and the CDC announced that the virus had been contained, do you know how you would begin bringing employees back into the office?
Given the rapidly evolving nature of the COVID-19 situation, there’s a good chance your answer is “no.” That’s why it is never too soon to start creating a back-to-work plan. You just can’t wait until things open up to create your plan: you have to be ready to hit the ground running as soon as you get the go-ahead.
But what if you didn’t put any particular plan into action? If the government says that it is safe to go back to work, what’s the risk?It’s highly unlikely the virus will be eradicated based on the current sporadic isolation orders, so there will still be people with the virus within the community. If you throw caution to the wind and jump right back into business as usual and one of those people is on your team, your entire company could potentially become infected. You can see how this could potentially snowball into another full-fledge outbreak, which would mean shutting down your office entirely once again.
For our own sake and everyone in our communities, we need to proceed cautiously and intelligently even after authorities say that it is okay to start getting back to business.
How to Go Back to Business Safely
Businesses must become an active participant in the effort to expand testing for COVID-19 and its antibodies. From looking at countries such as Singapore and South Korea that managed to control the outbreak, the key to stopping the spread of the disease once the quarantine is lifted and people go back to work is consistent and readily available testing, coupled with “contact tracing” – tracking interactions to identify people who might have been exposed. While the US is not necessarily set up to implement the kind of regimented, centralized testing and contact tracing system that Singapore used to great effect, employers can implement similar systems in their offices. Namely, through testing and keeping track of employee interactions such as meetings in order to isolate employees who may have been exposed if an employee tests positive.
There are many tests being developed and employers will have to work with their brokers and insurers to get the tests their team needs. The US is working to make testing more available, so it’s likely by the time your employees are coming back into work the tests may be much more widely available. Once you acquire the tests, you will have to decide on a testing cadence, testing your team as frequently as necessary without becoming overly burdensome. You can also use screenings such as temperature readings to identify candidates for testing. And don’t forget to test for antibodies as well as infections: it can be almost as useful to know who is already immune as it is to identify employees who might be carriers of the virus.
Another key consideration in your plan is determining how you will know when it’s time to get back to work. Currently, most organizations are in a waiting pattern to see when the quarantine will be lifted. Now is the time to be developing your return to work plan, and process which may includeleveraging recommendations from a range of trusted authorities and even employee feedback.
Once you determine that it is time to bring employees back into work, you need to make sure that they are doing it safely. This will make up the bulk of your back-to-work plan.One key best practice to keep in mind is to minimize the number of employees who are in the workplace at once. There are two main ways to do this: slowly phase employees back into the office and stagger employees’ schedules.
Instead of abruptly having everyone come back into the office, slowly have employees come back in based on how important it is that they work from the office. That way, you keep occupancy (and thus the risk of infection) down while simultaneously reducing the number of people who will get exposed if someone does come to work with the virus.
Also keep in mind that all of your employees do not have to come into the office at the same time. By staggering schedules, you can allow everyone to spend some time in the office but still keep occupancy down. For example, you can have different teams come in on alternating days so that people are in the office with their main collaborators while minimizing their risk. And staggered schedules do not just have to be by day. You can also modify employees’ daily hours, to the extent they feel comfortable with, so that everyone is not arriving to and leaving from the office at the same time.Once you decide who will be in the office and when, then it is time to establish office safety precautions.
Firstly, you should do everything in your power to prevent employees from coming into work if they are sick or have been exposed to the virus. The easiest strategy you can leverage to diminish sick individuals from coming into the office is to maintain a flexible work-from-home policy and encourage employees to stay at home whenever they feel under the weather or think that they have been exposed to the virus.
But you also cannot solely rely on your employees to self-report illness or exposure. While it might sound extreme, you should consider conducting daily health screenings before employees are allowed to start their shifts or workdays. Work with a third party vendor that provides health professionals to take employees temperatures at the door and conduct questionnaires to determine their level of risk of exposure. And if an employee seems ill, either send them home to work remotely or refer them to additional screening or treatment.
Another top priority should be to implement and enforce social distancing protocols. Just because employees can come into the office again does not mean that they shouldn’t limit their interactions. Encourage your employees to avoid close contact by issuing distancing guidelines and limiting occupancy for elevators, meeting rooms, and common areas. And if necessary, redesign your office to create distance or physical barriers between desks (the gold standard being recommended is 6-feet of space between individuals at all times).
Finally, you have to maintain a clean work environment and supply plenty of protective equipment. This means intensifying your daily cleaning, potentially adding mid-day cleanings or daily UV-sanitation to eliminate any traces of the virus. Pay particular attention to common areas and high-risk surfaces such as phones and doorknobs. Provide masks and gloves to frontline workers who might interact with people outside of the office and provide alcohol based hand sanitizer wherever possible. In particular, place touch-free hand sanitizer stations at the entrances to any common areas and meeting spaces so employees can easily sanitize before interacting with each other.
You may well want to adopt additional safety protocols unique to your business and its needs. But these steps should go a long way towards ensuring that your team can get back to work safely, with minimal disruptions to your business.
Thinking Long Term
It would be nice to think that we could go back to working the way we did before the outbreak, after an initial period of caution. But the fact of the matter is that COVID-19 will have a lasting impact on how we work and do business in the future. And it is well worth your time to consider how you can adapt in the long-term to prevent your business from getting disrupted by another outbreak.
As difficult as it might sound, you may well want to rethink the physical layout of your office post-COVID-19 outbreak. While open offices have been all the rage for years, they don’t do a good job of protecting employees from sick coworkers. Many employers may end up adding space and divisions between desks, and positioning employees so that they work back-to-back rather than next-to or facing each other. You may also want to add infrastructure that facilitates remote collaboration, including videoconferencing equipment in meeting rooms and enhanced call booths for individual employees to work one-on-one with a remote employee. You should also consider making at least some social distancing protocols standard practice moving forward, along with intensive cleaning and extensive hand sanitizer stations.
Probably the biggest long-term impact that the COVID-19 outbreak will have on businesses is the expanded role of remote work. Many employers who were resistant to remote work will be much more open to the idea now that they’ve been forced to implement it. But even companies that accepted remote work will likely continue to expand it further. Whichever category you fall into, you should consider making remote work a fact of life at your company going forward. Depending on your business, you could even use it to replace the office entirely and cut your costs as well as your risk. Assuming you still see value in maintaining an office or need a physical office space, you can use remote work to augment your sick leave so that employees never come in if they are not feeling 100% well. Letting employees work from home without questioning their motives will help you avoid an office outbreak, whether it’s COVID-19 or a different illness.
Finally, employers should plan to be part of the vaccine distribution effort that keeps COVID-19 from coming back for good. Public health resources are going to be overwhelmed trying to provide both vaccines and medical care that was delayed because of the virus. You should work with your benefits broker, insurer, and providers to help your team members get the vaccine as soon as it is available. If you can get the vaccine administered in your office, even better. And don’t forget to provide the vaccine to employees’ immediate families as well.
Key Takeaways
Getting back to business after COVID-19 is a daunting task. Business owners and HR professionals are going to have to balance a wide range of considerations to ensure a safe and productive workplace. Remember these key takeaways and you will be a long way towards making sure that your team can get back to work as safely as possible:
- Listen to trusted authorities, your employees, and your gut when it comes to deciding when to open your offices back up
- Try to minimize the number of employees in the workplace, especially to start out
- Protect your employees through health screenings, social distancing guidelines and protocols, intensive cleaning, and protective equipment including hand sanitizer
- Remote work is an invaluable tool even once the quarantine is lifted
- Consider your long-term strategy to limit the risk of an outbreak, including redesigning your office and leveraging remote work and social distancing
- Develop a plan to get your employees and their families vaccinated as quickly and easily as possible as soon as a vaccine is available
Most importantly of all, don’t do it alone when it comes to developing your back-to-work plan. You should bring in experts on workplace safety, employee healthcare, and human resources to help you keep your team safe.
by Carolyn Kick | Apr 13, 2020 | COVID-19 Resources
It’s hard to believe we’ve been focusing our work at Launchways on helping businesses thrive, survive, and protect their employees during COVID-19 for just over a month now. As we’ve worked to support our clients during this evolving situation, we’ve found that businesses of all types, sizes, and industries keep coming back to the same core questions. That told us there was a need to create a resource that presented clear, actionable answers to some fundamental questions about coronavirus and the workplace.
Moving forward, we’ll present and answer those frequently asked questions, focusing on:
- How to approach the workplace procedures in light of COVID-19
- Understanding paid leave expansion under the FFCRA
- Questions about furloughs and layoffs
General questions about COVID-19 workplace procedures
Can we take employee temperatures and ask about their health each day?
Yes. Given the circumstances, it is reasonable to explicitly check in with employees about their health each day, including temperature checks upon arrival to work. However, you must limit your questions to specific COVID-19-related concerns (i.e. you can’t start asking them about medications, on-going health issues, etc.).
When should/can sick employees return to work after leave due to COVID-19?
Before employees return to work, they should have been completely fever and symptom-free without the use of medications for 72 hours (3 full days). Furthermore, they should not return to work under any circumstances for at least seven days after diagnosis.
For example, if an employee is diagnosed on April 10 as having COVID-19 and stops experiencing symptoms and fever on April 12, they still cannot return to work until April 17 – 10 days from their diagnosis. On the other hand, if an employee is diagnosed on April 15 and stops experiencing symptoms on April 27, they can return to work on April 30 using the three-day rule.
Can we tell our employees when one of their colleagues tests positive for COVID-19?
You should, but you need to do it very carefully. You may not disclose the name or other identifying information of the person who has tested positive, as that is private medical information. However, it is also an important responsibility to inform employees when they have been exposed, including specific dates/locations, if possible.
Can we ask employees who call out sick about their symptoms?
You can ask employees who call out sick during this time about their symptoms in order to maintain your own internal audit of the spread of COVID-19. However, it’s crucial you only ask about COVID-19-related symptoms. If employees are out sick for another reason, it could be construed as discriminatory to question them.
Can we make an employee with a sick family member stay home?
You can, if their family member is exhibiting symptoms of COVID-19 or has a confirmed diagnosis. With that said, if the employee themselves is feeling well and capable of work, you should find ways to enable them to work from home rather than forcing them to use accrued paid time off.
Can we send home an employee we’re concerned has been exposed?
CDC guidance does not explicitly recommend sending employees home unless they’ve had confirmed contact with either a symptomatic COVID-19 patient or someone who was later confirmed to be experiencing symptoms. However, if you have reason to believe someone has been in an unsafe setting that makes you nervous about the overall health and safety of your workforce, you can send that person home very carefully. When we say, “very carefully,” we mean in a non-punitive way that allows them to continue working and earning their salary without drawing undue attention or scrutiny.
Can we force employees to come into work?
If there is no specific threat to your employees’ safety or health, you can reasonably expect them to come to work and punish them for not doing so. However, you must be mindful of the Americans with Disabilities Act and make reasonable accommodations for professionals whose pre-existing conditions or medications put them at increased risk of complications from COVID-19. If someone has a doctor’s note saying they shouldn’t be interacting with the public or coming to work, you need to provide accommodations for them or transition them toward paid leave if none can be made.
What does my Telecommuting or Work-From-Home policy require?
If you don’t have a telecommuting/WFH policy on the books, it’s important to get one framed up in an addendum to your employee handbook. Generally speaking, you need to establish how telecommuting will work in terms of:
- Hours
- Expectations for communication/availability throughout the day
- Official channels/platforms for work and communication
- Workflow modifications and accountability systems
- How telecommuting performance will be assessed
- Reimbursement for home office supplies and home IT needs
Questions about paid leave expansion under the FFCRA
How much paid sick time or FMLA leave are employees entitled to?
The FFCRA states that employers must provide up to two weeks (80 hours) for full-time workers or a part-time employee’s two-week equivalent in sick time at their regular rate of pay if they:
- Are subject to a federal, state, or local quarantine or isolation order related to COVID-19
- Have been advised by a health care provider to self-quarantine related to COVID-19
- Are experiencing COVID-19 symptoms and seeking a medical diagnosis
The FFCRA also provides up to 80 hours of paid sick leave at 2/3 the employee’s regular rate if they:
- Are caring for an individual subject to a quarantine/isolation order or self-quarantine
- Are experiencing any other substantially-similar condition specified by the US Department of Health and Human Services
Additionally, the FFCRA creates up to 12 weeks of paid sick leave and expanded FMLA leave at 2/3 the employee’s regular rate if they:
- Are caring for their child whose school or place of care is closed or unavailable due to COVID-19 related reasons
How does the FFCRA connect to stay-at-home orders?
If your business is non-essential and therefore shut down as part of a federal, state, or local stay-at-home order, you do not need to provide paid sick or FMLA leave for your employees during the time you are closed.
Do all businesses under 500 employees really need to adhere to the paid leave expansions?
Generally, yes. If you are a business with fewer than 50 employees and adhering to the leave expansion would threaten the viability of your business, however, you can apply for a small business exemption.
When will enforcement of FFCRA requirements begin?
April 18th, but you can still be penalized if you are found to have not been acting in good faith between April 1 and April 17 when it comes to paying workers on leave or transitioning workers making reasonable requests for accommodations.
How can we afford the FFCRA’s leave expansion?
The CARES Act provides payroll tax credits which will offset these expenses dollar-for-dollar. The federal government has also promised to reimburse businesses 100% for expanded leave costs required through the Act, including both payroll and employee benefit costs.
Can employees really go on paid leave to provide childcare?
Yes! If your employee’s access to childcare has disappeared due to COVID-19 (school closures, day care shutdowns, providers getting ill, etc.), you must provide up to 12 weeks of paid FMLA leave at 2/3 their regular rate to stay home and provide care for their children under 18 until other accommodations can be made.
How do we make sure we get our tax credits?
The application/documentation procedure for the credits has not been formally announced yet. With that said, for employees going on leave, it’s best practice to gather whatever documentation you can (doctor’s notes, school closure notices, etc.) to create a strong narrative explaining the impact of COVID-19 on your business and employees.
How can we fairly handle incoming PTO requests when this normalizes?
Many businesses are worried that when some semblance of normalcy resumes, they’ll be flooded with PTO requests from employees. It’s definitely not too early to start articulating a policy for how vacation/planned PTO will have to be staggered upon return. This is another example of a situation in which proactive, honest communication with your team is the only real best practice right now.
Questions about furloughs & layoffs
What’s the difference between a layoff and a furlough?
We have a full guide on this topic, but here’s the abridged version: a furloughed worker is still employed but technically has no work to do; a laid off employee is, at least temporarily, no longer employed (i.e. there is a termination event).
How long can I furlough an employee?
This varies state by state. For example, in California, once someone has been furloughed for 30-days, you need to transition them toward a 60-day temporary layoff. Check with your state department of labor.
Can furloughed employees file for unemployment?
Yes, but the process is not consistent from state to state. In some areas, furloughed employees cannot gain access to unemployment benefits as quickly or easily as people who’ve been laid off. If you’re considering a mass furlough, it’s important to check your state unemployment framework and determine whether a layoff would provide greater financial security for your employees.
What if I’ve furloughed employees but aren’t seeing their unemployment claims?
If you’re concerned your furloughed workers aren’t getting the money they’re entitled to, you need to reach out to your state unemployment office and move the needle on documentation.
When do furloughed employees become COBRA-eligible?
This will vary based on your benefits carrier. Check with them or work with your benefits broker.
How to Learn More
If you’re looking to learn more about COVID-19 best practices, discover innovative approaches to HR that are making a difference in the time of social distancing, or connect with resources to help you lead your team through this time in a way that builds confidence and maintains team spirit, be sure to check out Launchways’ COVID-19 Coronavirus Resource Center.
