Form that allows employee to apply for FFCRA paid sick leave. Document meets DOL and IRS tracking requirements. Click here to download
Form that allows employee to apply for extended FMLA. Document meets DOL and IRS tracking requirements. Click here to download.
The FFCRA non-enforcement window from the Department of Labor ends in one (1) week. Beginning Saturday, April 18, employers with fewer than 500 employees will no longer be able to claim "good faith" reason for failure to comply with FFCRA paid leave and extended FMLA. Violations that are discovered after April 18 will be subject to the penalties mandated by the Fair Labor Standards Act.
The CDC has released new guidelines regarding working after exposure to Covid-19. For those employees in "essential businesses," exposure no longer means immediate quarantine. As long as employees are asymptomatic and comply with monitoring and cleaning guidelines, they will remain eligible to work.
The CDC has released new facility cleaning guidelines in the event an employee is diagnosed with Covid-19. In brief, the individual's workplace should be sealed off (if possible) for 7 days, with no additional in-depth cleaning required. Otherwise, increase air circulation (preferably by opening windows) for 24 hours, then clean and disinfect. Cleaning and disinfecting before the 24 hours has passed is possible, but not recommended.
Documenting FFCRA Leave - The Department of Labor just issued new guidance regarding employer's rights in seeking documentation if an employee requests leave under the FFCRA. To request paid sick leave leave, the employee must provide a signed statement containing the following information:
Additionally, whether the leave is for him/herself or to care for another person, the employee must provide the name of the government entity that issued the quarantine order (if applicable) or the name of the health care provider making the self-quarantine recommendation (if applicable). To request expanded family and medical leave, the employee must provide a signed statement containing the following information:
If an employee fails to provide proper notice and documentation, the employer should provide an additional opportunity to provide the requested information. Leave may be denied if the information is not provided. I have created two forms to help you track this information:
CARES Act Unemployment Provisions - provides expansion of unemployment insurance program and extended benefits. Provisions include:
The provisions are possible through federal aid directly to state unemployment offices.
CARES Act Payroll Protection Loan - businesses with fewer than 500 employees may qualify for loans up to 2.5 times monthly payroll ($10 million maximum) through revisions to the Small Business Association's 7a loan program. This money will be available without a personal guarantee or collateral, and can be converted to FORGIVEABLE grants as long as you don't lay off employees. Kimberly Weisul with Inc. just published an article on how to proceed.
CARES Act Delay of Employer Payroll Taxes - Social Security deposits (6.2% of payroll) may be postponed through and including December 31, 2020 with a 2 year payback window. 50% of deferred taxes will be due December 31, 2021, with the remaining taxes due December 31, 2022. Contact your tax professional for more details.
FFCRA Required Poster - Labor law poster required for all employers with less than 500 employees. This should be sent electronically to all employees currently engaged in telework, as well as hung with other labor law posters in your place of business. Posting requirement expires December 31, 2020.
Shelter at Home Employee Survey - ADA compliant form that provides information about employee's potential need for telework provisions in the event of a shelter at home order.
Missouri Department of Labor - The State of Missouri has decided to temporarily waive charges to employers for claims as a result of coronavirus layoffs. A Q&A page has been created for information.