Embed Size (px)
Citation preview
5/15/2020
1
HR: 501 PANDEMIC, NOW WHAT?
WILL START SHORTLY…
York SHRM Purpose:
Enable HR professionals to develop competencies to be strategic business partners
leading their organizations to successful and sound business outcomes.
HOUSEKEEPING
• ALL PARTICIPANTS ARE MUTED
• QUESTIONS?? >> Q&A BUTTON
• PRESENTATION WILL BE RECORDED
• MATERIAL WILL BE SENT OUT AFTER THE WEBINAR
1
2
5/15/2020
2
WANT TO SEE EVERYONE?
INTRODUCING OUR PANELIST
Andy Seebold
Sr. Director, Employer Services
John C. Porter
Attorney
3
4
5/15/2020
3
INTRODUCING OUR PANELIST
JAMIE LEONARD
DIRECTOR OF HUMAN RESOURCES
STATE DIRECTOR
Tom Palisin
Executive Director
YORK SHRM CORONAVIRUS LEGAL UPDATE -WE ARE ALL IN THIS TOGETHER
LAW OFFICES OF
GRIFFITH, LERMAN, LUTZ & SCHEIB
JOHN C. PORTER, ESQ.
OFFICE (717) 757-7602
CELL (610) 761-9450 © GLLS 2020
5
6
5/15/2020
4
THE CORONAVIRUS FAMILIES FIRST RESPONSE ACT
DIVISION C: EMERGENCY FMLA EXPANSION ACT (EFMLEA)DIVISION E: EMERGENCY PAID SICK LEAVE ACT (EPSLA)
* Effective April 2, 2020* Expires December 31, 2020* Employers With 500 Or Fewer Employees* Medical Benefits Are Continued
LAW OFFICES OF
GRIFFITH, LERMAN, LUTZ & SCHEIB
JOHN C. PORTER, ESQ.
OFFICE (717) 757-7602
CELL (610) 761-9450
1© GLLS 2020
THE CORONAVIRUS FAMILIES FIRST RESPONSE ACT
DIVISION C: EMERGENCY FMLA EXPANSION ACT (EFMLEA)
ONLY TWO REASONS AN EMPLOYEE QUALIFIES
The employee is unable to work (or telework) due to the need to care for their son or daughter under 18 years of age if:
(1) the school or place of care has been closed; or
(2) the childcare provider of such son or daughter is unavailable, due to a public health emergency
LAW OFFICES OF
GRIFFITH, LERMAN, LUTZ & SCHEIB
JOHN C. PORTER, ESQ.
OFFICE (717) 757-7602
CELL (610) 761-9450
2© GLLS 2020
7
8
5/15/2020
5
THE CORONAVIRUS FAMILIES FIRST RESPONSE ACT
DIVISION C: EMERGENCY FMLA EXPANSION ACT (EFMLEA)
* First ten days unpaid
* Next ten weeks paid at 2/3 rate of pay (cap at $200/day or $10,000 in the aggregate)
* May use accrued PTO for first two weeks (includes sick leave under EPSLA)
* By agreement with employer, may take this leave in increments of less than a day and
intermittently, e.g. 4 hours in the mornings of Tuesdays and Thursdays
* In conjunction with FMLA, not in addition to
LAW OFFICES OF
GRIFFITH, LERMAN, LUTZ & SCHEIB
JOHN C. PORTER, ESQ.
OFFICE (717) 757-7602
CELL (610) 761-9450
3© GLLS 2020
THE CORONAVIRUS FAMILIES FIRST RESPONSE ACT (cont.)
DIVISION C: EMERGENCY FMLA EXPANSION ACT (EFMLEA) (cont.)
GOOD CAUSE EXEMPTION FOR EMPLOYERS WITH FEWER THAN 50 EMPLOYEESAn Authorized Officer Of The Business Determines That Leave Granted Under Either The EFMLEA Or The EPSLA:
* Would cause the business’s expenses and financial obligations to exceed available business revenues and cause the small business to cease operating at a minimal capacity;
* and the absence of the employee or employees would create a substantial risk to the financial health or operational capabilities of the business because of their specialized skills, knowledge of the business,or responsibilities; or
* would result in insufficient workers who are able, willing, and qualified, and who will be available at the time and place needed, to perform the labor or services provided by the employee or employees, and these labor or services are needed for the small businesses to operate at a minimal capacity.
LAW OFFICES OF
GRIFFITH, LERMAN, LUTZ & SCHEIB
JOHN C. PORTER, ESQ.
OFFICE (717) 757-7602
CELL (610) 761-9450
4© GLLS 2020
9
10
5/15/2020
6
THE CORONAVIRUS FAMILIES FIRST RESPONSE ACT
DIVISION E: EMERGENCY PAID SICK LEAVE ACT (EPSLA)
THIS ACT PROVIDES PAID SICK LEAVE UNDER SIX PANDEMIC RELATED CIRCUMSTANCES AND THIS IS ABOVE
AND BEYOND WHAT LEAVE AN EMPLOYER ALREADY PROVIDES TO ITS EMPLOYEES
* 80 hours for a fulltime employee
* For part-time employees prorated based upon the average hours worked over
a two-week period
* An employer may not require an employee to use other PTO prior to using this sick leave
LAW OFFICES OF
GRIFFITH, LERMAN, LUTZ & SCHEIB
JOHN C. PORTER, ESQ.
OFFICE (717) 757-7602
CELL (610) 761-9450
5© GLLS 2020
THE CORONAVIRUS FAMILIES FIRST RESPONSE ACT
DIVISION E: EMERGENCY PAID SICK LEAVE ACT (EPSLA)
Must Provide Employees Paid Sick Leave If The Employees Are Unable To Work Or Telework When The Employee:
1.) Is Under A Governmental Quarantine Or Isolation Order Related To COVID-19
2.) Has Been Advised By A Health Care Provider To Self-Quarantine
3.) Is Experiencing Symptoms Of COVID-19 And Is Seeking A Medical Diagnosis
THIS SELF CARE IS PAID AT FULL RATE BUT NOT TO EXCEED $511/DAY AND $5,110 IN THE AGGREGATE
LAW OFFICES OF
GRIFFITH, LERMAN, LUTZ & SCHEIB
JOHN C. PORTER, ESQ.
OFFICE (717) 757-7602
CELL (610) 761-9450
6© GLLS 2020
11
12
5/15/2020
7
THE CORONAVIRUS FAMILIES FIRST RESPONSE ACT(cont.)
DIVISION E: EMERGENCY PAID SICK LEAVE ACT (EPSLA) (cont.)
Must Provide Employees Paid Sick Leave If The Employees Are Unable To Work Or Telework When The Employee:
4.) Is Caring For An Individual Who Is Subject To A Governmental Quarantine Or Isolation Order
5.) Is Caring For A Son Or Daughter If The School Or Place Of Care Of The Son Or Daughter Has
Been Closed, Or The Child Care Provider Is Unavailable
6.) Is Experiencing Any Other Substantially Similar Condition Specified By The Secretary Of Health
And Human Services
This Care For Others Is Paid At 2/3 Rate But Not To Exceed $200/Day And $10,000 In The Aggregate
LAW OFFICES OF
GRIFFITH, LERMAN, LUTZ & SCHEIB
JOHN C. PORTER, ESQ.
OFFICE (717) 757-7602
CELL (610) 761-9450
7© GLLS 2020
CARES ACT
* Created The Pandemic Unemployment Assistance Program (PUA)- This expands UC benefits to people not traditionally covered, e.g. self-employed
individuals, independent contractors, gig employees- Submit Your Application At www.uc.pa.gov/PUA
* $600 in addition to the regular Pennsylvania benefits
* Waiting week waived
* Work search requirement waived
* 13 weeks additional UC benefits if still unemployed after 26 weeks
* Employees cannot refuse to work in order to stay on unemployment compensation
LAW OFFICES OF
GRIFFITH, LERMAN, LUTZ & SCHEIB
JOHN C. PORTER, ESQ.
OFFICE (717) 757-7602
CELL (610) 761-9450
8© GLLS 2020
13
14
5/15/2020
8
ORDER OF THE PENNSYLVANIA DEPARTMENT OF HEALTH – APRIL 15, 2020
“to protect the public from the spread of COVID-19”
BUSINESSES THAT ARE AUTHORIZED TO MAINTAIN IN-PERSON OPERATIONS “SHALL IMPLEMENT”
THE FOLLOWING PROTOCOLS:
LAW OFFICES OF
GRIFFITH, LERMAN, LUTZ & SCHEIB
JOHN C. PORTER, ESQ.
OFFICE (717) 757-7602
CELL (610) 761-9450
9© GLLS 2020
ORDER OF THE PENNSYLVANIA DEPARTMENT OF HEALTH – APRIL 15, 2020
* Provide masks for employees to wear during their time at the business
- not when eating and drinking
- not when employee has a medical condition – employee asks for
reasonable accommodation – start interactive process under ADA
- not when it impedes vision
- not when it creates safety hazard
- not when alone in own office or car
* stagger work start and stop times for employees
* provide sufficient space for employees to have breaks and meals
LAW OFFICES OF
GRIFFITH, LERMAN, LUTZ & SCHEIB
JOHN C. PORTER, ESQ.
OFFICE (717) 757-7602
CELL (610) 761-9450
10© GLLS 2020
15
16
5/15/2020
9
ORDER OF THE PENNSYLVANIA DEPARTMENT OF HEALTH – APRIL 15, 2020 (cont.)
* Conduct meetings and training virtually
* Ensure that the facility has a sufficient number of employees to perform all measureseffectively and in a manner that ensures the safety of the public and employees
* Ensure that the facility has a sufficient number of personnel to control access,maintain order and enforce social distancing of at least 6 feet
* Prohibit non-essential visitors from entering the premises of the business; and
* ESL employees must be informed of all of this in their preferred language
LAW OFFICES OF
GRIFFITH, LERMAN, LUTZ & SCHEIB
JOHN C. PORTER, ESQ.
OFFICE (717) 757-7602
CELL (610) 761-9450
11© GLLS 2020
OSHA
EMPLOYERS MUST PROVIDE THEIR EMPLOYEES WITH A WORKPLACE THAT IS FREE FROM RECOGNIZED HAZARDS LIKELY TO CAUSE DEATH OR SERIOUS PHYSICAL HARM.
* The Centers For Disease Control has created guidelines for employers in nonhealthcare settings
https://www.cdc.gov/coronavirus/2019-ncov/community/guidance-business-response.html
* The White House has prepared Guidelines for Opening Up America Again
https://www.whitehouse.gov/openingamerica/
LAW OFFICES OF
GRIFFITH, LERMAN, LUTZ & SCHEIB
JOHN C. PORTER, ESQ.
OFFICE (717) 757-7602
CELL (610) 761-9450
12© GLLS 2020
17
18
5/15/2020
10
OSHA
* Supplying your employees with masks – consult OSHA PPE standard if you are currently subject to that standard
* it does not appear that the Pennsylvania Department of Health’s requirement that all employees wear cloth masks will qualify as a PPE under OSHA regulations
* The Pennsylvania Department of Health provides guidelines for the use of and making masks
https://www.health.pa.gov/topics/documents/diseases%20and%20conditions/homemade%20 mask%20guidance.pdf
LAW OFFICES OF
GRIFFITH, LERMAN, LUTZ & SCHEIB
JOHN C. PORTER, ESQ.
OFFICE (717) 757-7602
CELL (610) 761-9450
13© GLLS 2020
OSHA
OSHA SAID IT WILL NOT ENFORCE ITS RECORD-KEEPING REQUIREMENTS FOR COVID-19
* Hospitals, employers of first responders, and correctional facilities must still maintain records
* Other employers must still conduct a “work-related” analysis when:
1. “objective evidence” exists that a COVID-19 case may be work-related, and2. the employer had that evidence “reasonably available”
https://www.osha.gov/memos/2020-04-10/enforcement-guidance-recording-cases-coronavirus-disease-2019-covid-19
LAW OFFICES OF
GRIFFITH, LERMAN, LUTZ & SCHEIB
JOHN C. PORTER, ESQ.
OFFICE (717) 757-7602
CELL (610) 761-9450
14© GLLS 2020
19
20
5/15/2020
11
OSHA
* What if an employee refuses to work if they fear contracting the virus at work
- Is it a reasonable fear?- Talk to them – this is MBWA
* All employees “have the right to report if [their] workplace is unsafe during the COVID 19 pandemic.”
https://www.whistleblowers.gov/
LAW OFFICES OF
GRIFFITH, LERMAN, LUTZ & SCHEIB
JOHN C. PORTER, ESQ.
OFFICE (717) 757-7602
CELL (610) 761-9450
15© GLLS 2020
OTHER LAWS
1. FLSA
2. COBRA continued until 60 days after federal government announces theend of the National Emergency
3. Special enrollment period for healthcare coverage suspended until 60 days after federal government announces the end of the National Emergency
4. EEOC will not collect employer EEO-1 data in 2020
LAW OFFICES OF
GRIFFITH, LERMAN, LUTZ & SCHEIB
JOHN C. PORTER, ESQ.
OFFICE (717) 757-7602
CELL (610) 761-9450
16© GLLS 2020
21
22
5/15/2020
12
WE ARE ALL IN THIS TOGETHER
#1 EMPLOYEE SAFETY
#1 PUBLIC HEALTH
#2 THANK YOU!
LAW OFFICES OF
GRIFFITH, LERMAN, LUTZ & SCHEIB
JOHN C. PORTER, ESQ.
OFFICE (717) 757-7602
CELL (610) 761-9450
18© GLLS 2020
23
24
5/15/2020
13
25
26
5/15/2020
14
27
28
5/15/2020
15
29
30
5/15/2020
16
31
32
5/15/2020
17
SOME IDEAS AND BEST PRACTICES
• IMPLEMENT A VOLUNTARY LEAVE OF ABSENCE POLICY FOR THOSE THAT HAVE UNDERLYING
HEALTH CONDITIONS
• MAINTAIN OPEN DIALOGUE WITH EMPLOYEES THAT HAVE CONCERNS
• SEND A LETTER TO THE FAMILY OF THE EMPLOYEE EXPLAINING ALL THE PRECAUTIONS THE
COMPANY IS TAKING TO KEEP THE FAMILY MEMBER SAFE
33
34
5/15/2020
18
MULTITUDE OF LEGAL AND NON-LEGAL RESOURCES
a. OSHA – Guidance On Preparing The Workplace For COVID-19
https://www.osha.gov/publications/osha3990.pdfb. Centers For Disease Control – Resources For Businesses And Employers
https://www.cdc.gov/coronavirus/2019-ncov/community/organizations/businesses-employers.htmlc. The US Environmental Protection Agency – Disinfectants To Use Against SARS- Cov-2
https://www.epa.gov/pesticide-registration/list-n-disinfectants-use-against-sars-cov-2d. Pennsylvania Department Of Health – COVID-19 Information For Businesses
https://www.health.pa.gov/topics/disease/coronavirus/pages/businesses.aspxe. American Public Health Association – Control Of Communicable Diseases Manual
https://www.apha.org/ccdmf. The Manufacturers’ Association – COVID-19 Update
https://www.mascpa.org/g. Refusal of suitable work
https://www.uc.pa.gov/forms/Pages/UC-1921W-Refusal-of-Suitable-Work.aspxhttps://www.uc.pa.gov/forms/Pages/UC-1921W-Refusal-of-Suitable-Work.aspx
LAW OFFICES OF
GRIFFITH, LERMAN, LUTZ & SCHEIB
JOHN C. PORTER, ESQ.
OFFICE (717) 757-7602
CELL (610) 761-9450
17© GLLS 2020
CONTACT INFO
JOHN C. PORTER – [email protected] OR 610–761-9450
ANDY SEEBOLD – [email protected] OR 717-887-9917 OR
JAMIE LEONARD - [email protected] OR 717-849-0720
TOM PALISIN – [email protected] OR 717-843-3891
35
36
5/15/2020
19
JOIN US!
YorkSHRM.org
37
