News and Updates
Category: FFCRA
Outsourcing FMLA May Be the Break Your HR Department Needs Right Now
FMLA has been maligned by HR departments for years, not only because of the amount of work involved – but also the amount of expertise. Do you ever feel like your management team shouldn’t be the ones determining if a claim submitted actually qualifies? Throwing COVID-related leave into the mix didn’t help, either. Private companies that employ at least 50 workers (within a 75 mile radius), and public employers regardless of size are required to offer FMLA – 12 weeks unpaid leave during a 12 month period. While many question its value, considering the leave is unpaid – it was put in place to protect the jobs of those experiencing one of the following conditions: • Birth or adoption of a child • Care of a spouse, child or parent with a serious health condition • A serious health condition that renders the employee unable to complete their essential duties • A qualifying emergency related to a spouse, child or parent being on active military duty Non-compliance not only puts you on the radar of the Department of Labor (which could result in major fines), but could also expose you to private lawsuits from disgruntled employees. We hear a lot of businesses say, “We jus
Continued COVID Guidance: New OSHA ETS, FFCRA Update, Mask Mandates and Re-Entry following Travel
June 2021 OSHA Emergency Temporary Standard More guidance has been issued from OSHA, directed at healthcare industry employers such as hospitals, emergency responders, long term care, etc. The new Emergency Temporary Standard (ETS) for Covid-19 went into effect June 10, 2021. You can find a great summary here that also includes a link to the flowchart on OSHA.gov. June 2021 COVID & FFCRA Update The FFCRA was mandatory for many employers until December 31 of 2020. The previous administration extended the paid leave provisions of the FFCRA through March 31, 2021 – however, the extension was no longer mandatory. If employers chose to provide paid leave benefits due to COVID, they were still eligible to receive the tax credit to offset the costs of paying employee leave. Additionally, President Biden extended the FFCRA provisions in the American Rescue Plan Act (“ARPA”) through September 30, 2021. Biden also added some new components of the paid leave, which include: • Additional reasons employees can take paid leave o Time spent in order to get the vaccine o Time from work missed due to complications from the vaccine • The 80 hour limit reset on April 1, 2021 o Meaning if an employee exhausted their Paid Sick Leave before Ma
How the American Rescue Plan Act Could Impact Your Business
The American Rescue Plan Act is Signed Into Law The American Rescue Plan Act (ARPA), which is the latest bill to address the ongoing economic impacts of COVID-19, has been signed into law. Most aspects of the law do not directly affect the HR function, but those that do—optional extension of sick and family leave and establishment of COBRA subsidies—are outlined below. OPTIONAL EXTENSION OF SICK AND FAMILY LEAVES Part of ARPA is an extension of the current tax credit scheme for Emergency Paid Sick Leave (EPSL) and Emergency Family and Medical Leave (EFMLA) under the Families First Coronavirus Response Act (FFCRA). The FFCRA required many employers to provide EPSL and EFMLA in 2020, but became optional when it was previously extended to cover January 1 through March 31, 2021. The new extension under ARPA takes effect April 1, 2021, and lasts through September 30, 2021. Like the current version, it remains optional. In addition, tax credits are available but only to employers with fewer than 500 employees and up to certain caps. To receive the tax credit, employers are required to follow the original provisions of the FFCRA. For example, they can’t deny EPSL or EFMLA to an employee if they’re otherwise eligible, can’t terminate them for taking EPSL or EFMLA, and have to continue their health insurance during these leaves. Emergency Paid Sick Leave (EPSL) Changes Here are the key changes to EPSL, in effect from April 1 through September 3
