In the press release, the DOL announced that the forms collect the same information but are “simpler and easier to understand for employers, leave administrators, healthcare providers, and employees seeking leave.” Among the changes announced are boxes that can be checked instead of requiring written responses and electronic signature features. As the DOL stated, “[t]he changes reduce the amount of time it takes a healthcare provider to provide information, and help leave administrators review and communicate information to employees more directly and with greater clarity, reducing the likelihood of violations.”

The DOL also updated its guidance related to FMLA leave related to COVID-19. The two updates are:

• Telemedicine visits are considered in-person visits for purposes of establishing a serious health condition (Guidance, Question #12)
• Employers may require an employee returning from FMLA to get a COVID-19 test as long as all employees returning to the office are also required to get a test (Guidance, Question #13)

Note: The FMLA covers employers with 50 or more employees for at least the past 20 weeks. It also applies to public agencies, regardless of the number of employees, and to elementary and secondary schools, both public and private. The federal FMLA only applies to employees who have worked for a covered employer for a minimum of 12 months, although these 12 months do not need to be consecutive. Additionally, the employee must have worked at least 1,250 hours for the employer during the previous 12 months at a site where the employer has 50 or more employees within a 75-mile radius. See the differences between federal and WI FMLA here. If you are unsure if you are an FMLA covered employer, please contact us as noted below.

Lake Effect is here to answer your FMLA questions and/or help administer this process within your organization. Contact us at info@le-hrlaw.com or 1-844-333-5253.

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On March 18, 2020, President Trump signed into law the “Families First Coronavirus Response Act” (“FFCRA”). Two major provisions of the FFCRA address paid leaves designed to assist American workers and families facing challenges presented by the COVID-19 pandemic. Generally, the leave provisions cover employers with fewer than 500 employees. However, the Secretary of Labor is authorized to issue regulations exempting employers with fewer than 50 employees if the law’s requirements will jeopardize the ongoing viability of a business.

The Emergency Paid Sick Leave Act requires covered employers to provide up to two weeks of paid sick leave for full and part-time employees to deal with their own or a child’s COVID-19 illness or quarantine, or to care for a child whose school or daycare provider is closed due to COVID-19.

The Emergency Family and Medical Leave Expansion Act requires covered employers to provide up to 12 weeks of partially paid emergency family leave to an employee whose minor child’s school or daycare is closed or unavailable due to the COVID-19 pandemic.
Employers will receive quarterly payroll tax credits for amounts paid to their employees under these leave provisions, but those credits are capped per employee at specified levels.

A more comprehensive summary of the “Families First Coronavirus Response Act” can be found here.

This appears to be the first step in a Congressional effort to ease the impact of the COVID-19 pandemic. Congress is currently working on a more comprehensive economic package to put money directly in the hands of Americans. We at Lake Effect will continue to monitor the situation as it evolves.

The legal and HR team at Lake Effect is closely monitoring the impact of COVID-19 on the workplace. Keep watching for new blogs  or subscribe to our mailing list for important legal updates and HR best practices. If you have any questions regarding our quick tips, the attorneys and HR professionals at Lake Effect HR & Law are ready and willing to help. Contact us at info@le-hrlaw.com or 1-844-333-5253.

The post Families First Coronavirus Response Act – Effective April 1, 2020 appeared first on Lake Effect HR & Law.

States that have adopted mandatory paid family and medical leave laws are: Massachusetts, Washington D.C., California, Washington, New Jersey, New York, Connecticut, and Rhode Island. The leave benefits available under these laws vary from state to state, so employers need to do their research – or rely on experienced employment law advisors.

For example, in Massachusetts, employers must pay into an FML fund with a .75% tax on the wages of any employee working in Massachusetts. Some employers, depending on the number of workers they employ, may deduct a portion or all of this amount from the employee’s wages. Starting in 2021, employees will be entitled to up to a total 26 weeks of paid family and medical leave per year for life events such as the birth or adoption of a child (12 weeks), a serious medical condition (20 weeks), a family member’s serious medical condition (12 weeks), or to care for a family member injured while in military service (26 weeks). While the employer must allow the employee to take the leave, the financial benefits are administered by the state’s Department of Family and Medical Leave. Employees apply for a claim and, if approved, receive their weekly benefit from the state. The maximum benefit an employee can receive is $850/week.

In Washington D.C., employers must pay a .62% payroll tax into the state’s FML fund, and employees apply for and receive their benefits from DC’s Department of Employment Services. Starting July 1, 2020, DC employees will be entitled to up to 8 weeks of parental leave, 6 weeks leave to care for a sick family member, and 2 weeks leave for personal medical leave. The maximum benefit is $1000/week.

In addition to paid FML laws, over 20 states, cities, and counties have enacted paid sick leave laws. These laws also vary as to how much leave must be given to employees, how that leave must be tracked and carried over, and how the paid sick leave intersects with other leaves, like FML.

Wisconsin employers who employ workers in other states must take these various leave laws into account. It is a complex task. Carefully crafted policies and procedures can help you navigate these unchartered waters without creating an administrative nightmare for your HR team.

The attorneys and HR professionals at Lake Effect HR & Law are ready to assist and advise if you have questions related to family and medical leave matters in Wisconsin or other states. Contact us at info@LE-hrlaw.com or 1-844-333-5253.

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