The COVID-19 crisis has created new challenges for HR-related matters. Please see the tools and resources below to get the answers you need. If you aren’t able to find an answer to your question, please contact your HR business partner.
COVID-19 Vaccination Resources
The Food and Drug Administration (FDA) granted emergency use authorization for Pfizer’s COVID-19 vaccine in the U.S as of December 11, 2020, with other pharmaceutical vaccine equivalents quickly following. The first eligible Americans received vaccines a few days later. The current hope is that vaccinations will be available to most of those in the U.S. by April of this year. While undoubtedly this is much welcome news to everyone across the nation, it also brings to mind a number of numerous questions and concerns for employers and employees alike.
What Does The Availability of a COVID-19 Vaccine Mean for Employers?
Click here for more information
What should you be doing now?
Follow developments as they become known and remain flexible in your approach to whatever vaccination policy you are considering. You should begin to prepare a policy framework and employee communication plan. Please see the links below for some helpful guidance with policies, procedures and vaccination information in general as published by the law firm of Fisher Phillips.
Vaccine Data Bank (Templates and Forms)
- Model Mandatory Vaccine Policy
- Model Non-Mandatory Vaccine Policy
- Accommodation Procedure
- Request For Medical Exemption/Accommodation Related To Vaccine
- Request For Religious Exemption/Accommodation Related To Vaccine
50- State Chart on Vaccines, Exemptions, and Related State Issues
Reopening Resources & Tools
Ten Steps All Workplaces Can Take to Reduce Risk of Exposure to Coronavirus
Sample Employee Questionnaire to Evaluate Employee for COVID-19
Stop the Spread of Germs Poster
Telecommuting:
Telecommuting Application Form
Temporary Telecommuting Arrangements
Telecommuting Policy and Procedure
New York:
Reopening New York: Office-Based Work Guidelines for Employers and Employees
NYS Reopening Safety Plan Template
Interim Guidance For Office-Based Work During The Covid-19 Public Health Emergency
New York Forward Business Affirmation
Office-Based Work Guidelines for Employers and Employees
For information on COVID-19 onsite testing reach out to your Human Resources Business Partner.
Frequently Asked Questions
Hiring During the COVID-19 Pandemic
If an employer is hiring, may it screen applicants for symptoms of COVID-19?
May an employer take an applicant's temperature as part of a post-offer, pre-employment medical exam?
May an employer delay the start date of an applicant who has COVID-19 or symptoms associated with it?
CDC has issued guidance applicable to all workplaces generally, but also has issued more specific guidance for particular types of workplaces (e.g. health care employees). Guidance from public health authorities is likely to change as the COVID-19 pandemic evolves. Therefore, employers should continue to follow the most current information on maintaining workplace safety. To repeat: the ADA does not interfere with employers following recommendations of the CDC or public health authorities, and employers should feel free to do so.
May an employer withdraw a job offer when it needs the applicant to start immediately but the individual has COVID-19 or symptoms of it?
Hiring After a Pandemic
May an ADA-covered employer require employees who have been away from the workplace during a pandemic to provide a doctor’s note certifying fitness to return to work?
As a practical matter, however, doctors and other health care professionals may be too busy during and immediately after a pandemic outbreak to provide fitness-for-duty documentation. Therefore, new approaches may be necessary, such as reliance on local clinics to provide a form, a stamp, or an e-mail to certify that an individual does not have the pandemic virus.
This information is from the EEOC website
General
Are part-time employees (less than 20 hours/week) that are laid off due to COVID-19 able to apply for unemployment?
I’ve heard you talk about an Employee Assistance Program (EAP). What exactly is it? Where can it be accessed? Is there a cost involved?
In the wake of COVID-19 and the stresses experienced from that alone EAP is hosting daily webinars of their own as well as virtual support groups on topics such as self-care, resiliency, trauma reactions and work organizational changes to name a few.
Prestige clients always have the option to sign-up and enroll for the EAP. During this COVID-19 pandemic, however there are some online services available to all our clients and their employees regardless of being enrolled.
Is there any help I can get through my health plan if I suspect I have symptoms associated with COVID-19 and where can I find test locations in my area?
UHC/Oxford Health also provides a test location tool which will provide test locations available to members within a certain mile radius of their zip code. Here are the links to these invaluable tools:
- Use this online symptom checker to assess your risk for COVID-19 and get treatment options, or
- Use our online tool to find a COVID-19 testing location in your area
What is an “Essential” Business?
Businesses in PA, NY, and CT can apply for relief from being “essential” or request a waiver to be considered essential online
Penalties for violation of law vary from state to state but can include citations, fines, license suspension, and criminal penalties
If I am a private sector employer and have 500 or more employees, do the Acts apply to me?
How should I manage work from home requests?
An important item to note during this process is to ensure any decisions on working remotely are made objectively and nondiscriminatory.
Has there been a change to the Form I9 process?
As of March 31, 2021, Immigration and Customs Enforcement (ICE) confirmed that employers have an additional extension regarding flexibilities related to Form I-9 compliance. The relaxation relates to the requirement to physically inspect all new hires’ identity and employment eligibility documentation as has always been the norm. Relaxation was initially granted earlier this year due to COVID-19 and then extended in May, June, and again in November. The expiration date for the current extension is May 31, 2021.
It has also been confirmed that no additional extensions will be granted to employers who were served Notices of Inspection (NOIs) during March 2020 and are in the process of responding to ICE.
Expired List B Documents are Still Allowed
Also, the USCIS temporary policy allowing for the acceptance of expired List B documents continues with employers still required to follow up, where necessary, on documents treated as receipts. Per the guidance in the temporary policy, any expired List B document that was not formally extended by the state’s issuing authority should be treated as a receipt. However, within 90 days after DHS terminates this temporary policy, the employee will be required to present a valid, unexpired document to replace the expired one presented when they were initially hired. The employee may also choose to present a different document.
Alternatives to the Virtual I-9 Method and Returning to Business
ICE has been very clear that it will not allow for virtual review to continue indefinitely, nor is it willing to waive the in-person review requirement once businesses do return to their normal place of work. Employers should now be considering other options to the virtual policy as it is likely the current policy may end prior to businesses actually returning to their physical work location. One recommended option is the Authorized Representative model which, if selected, should be implemented carefully. Additionally, companies that have used the virtual option and are, or will be resuming business as usual, must ensure that all employee documents that had been remotely inspected are physically inspected within 3 days of returning to work. Be advised that ICE has not yet issued additional information about the logistics of completing Forms I-9, including instances where new documents have been presented or where the person physically inspecting documents is different from the original remote verifier.
Leave Policies
When will the Paid Sick Leave and Expanded FMLA time under the FFCRA expire?
What if an employee is out sick using EPSL and then tests negative for COVID-19?
The Westchester County Sick Leave Law can be used for the same qualifying reason as discussed under EFMLA. Can employees request to use their own sick time under this policy to be paid 100%? If not, why is the employee requesting it?
Is an employee entitled to use both the FFCRA EPSL and the NY COVID-19 Paid Sick Leave if they have two (2) separate qualifying instances at different times? For example, can they use EPSL when caring for someone else and then if they need to take time for themselves at a later date use NY PSL? If not, why?
As an employer, how do I know if my business is under the 500-employee threshold and therefore must provide paid sick leave or expanded family and medical leave?
Typically, a corporation (including its separate establishments or divisions) is considered to be a single employer and its employees must each be counted towards the 500-employee threshold. Where a corporation has an ownership interest in another corporation, the two corporations are separate employers unless they are joint employers under the FLSA with respect to certain employees. If two entities are found to be joint employers, all of their common employees must be counted in determining whether paid sick leave must be provided under the Emergency Paid Sick Leave Act and expanded family and medical leave must be provided under the Emergency Family and Medical Leave Expansion Act.
In general, two or more entities are separate employers unless they meet the integrated employer test under the Family and Medical Leave Act of 1993 (FMLA). If two entities are an integrated employer under the FMLA, then employees of all entities making up the integrated employer will be counted in determining employer coverage for purposes of expanded family and medical leave under the Emergency Family and Medical Leave Expansion Act.
When does the small business exemption apply to exclude a small business from the provisions of the Emergency Paid Sick Leave Act and Emergency Family and Medical Leave Expansion Act?
- The provision of paid sick leave or expanded family and medical leave would result in the small business’s expenses and financial obligations exceeding available business revenues and cause the small business to cease operating at a minimal capacity;
- The absence of the employee or employees requesting paid sick leave or expanded family and medical leave would entail a substantial risk to the financial health or operational capabilities of the small business because of their specialized skills, knowledge of the business, or responsibilities; or
- There are not sufficient 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 requesting paid sick leave or expanded family and medical leave, and these labor or services are needed for the small business to operate at a minimal capacity.
How do I count hours worked by a part-time employee for purposes of paid sick leave or expanded family and medical leave?
If this calculation cannot be made because the employee has not been employed for at least six months, use the number of hours that you and your employee agreed that the employee would work upon hiring. And if there is no such agreement, you may calculate the appropriate number of hours of leave based on the average hours per day the employee was scheduled to work over the entire term of his or her employment.
Will DOL begin enforcing the requirements of the FFCRA immediately?
Does the non-enforcement position mean businesses do not need to comply with the FFCRA from the effective date of April 1, 2020 through April 17, 2020?
What is expanded leave under the emergency family and medical leave expansion act?
Who is eligible for paid sick leave under the Emergency Paid Sick Leave Act?
- The employee is subject to a federal, state, or local quarantine or isolation order related to COVID-19.
- The employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19.
- The employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis.
- The employee is caring for an individual who is subject to an order or self-quarantine as described above.
- The employee is caring for a son or daughter if a school or child care is closed/unavailable.
- The employee is experiencing “any other substantially similar condition” specified by the Secretary of Health & Human Services.
How do I know which FFCRA paid sick leave my employees should take?
- Paid Sick Leave – employee subject to a federal, state, or local quarantine or isolation order related to COVID-19, the employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19 or the employee is experiencing symptoms of COVID-19 and is seeking a medical diagnosis. The employee is paid 100% of their pay rate for up to Two Weeks (80 hours), limited to $511 per day or $5,110 aggregate.
- Paid Sick Leave (Care) – employees caring for an individual who is subject to an order of self-quarantine, the employee is caring for a son or daughter if school or childcare is closed/unavailable or employee is experiencing “any other substantially similar condition”. The employee is paid 2/3 of their pay rate for up to Two Weeks (80 hours), limited to $200 per day or $2,000 aggregate.
- Child Care Leave (eFMLA) – employee unable to work (or telework) due to the need for leave to care for the son or daughter under 18 years of age of such employee if the school or place of care has been closed or is unavailable due to COVID-19. The employee is paid 2/3 of their pay rate for up to Ten Weeks, limited to $200 per day or $10,000 aggregate.
Contact your Payroll Specialist or Human Resource Business Partner for guidance regarding FFCRA Paid Sick Leave.
Wages & Payroll
Our office is open, but employees do not feel comfortable coming to work (they are not sick, and not taking care of sick families). They also do not want to use their 10 days PTO. Should we still pay them?
If an employee is requesting to use their own sick time or PTO instead of being paid according to the FFCRA, EFMLA, and/or EPSL because they want their full pay, can we allow this?
When calculating pay due to employees, must overtime hours be included?
However, the Emergency Paid Sick Leave Act requires that paid sick leave be paid only up to 80 hours over a two-week period. For example, an employee who is scheduled to work 50 hours a week may take 50 hours of paid sick leave in the first week and 30 hours of paid sick leave in the second week. In any event, the total number of hours paid under the Emergency Paid Sick Leave Act is capped at 80.
What records do I need to keep when my employee takes paid sick leave or expanded family and medical leave?
Documentation of the reason for the leave will also be necessary, such as the source of any quarantine or isolation order, or the name of the health care provider who has advised you to self-quarantine. For example, this documentation may include a copy of the Federal, State or local quarantine or isolation order related to COVID-19 applicable to the employee or written documentation by a health care provider advising the employee to self-quarantine due to concerns related to COVID-19.
If you intend to claim a tax credit under the FFCRA for your payment of the sick leave wages, you should retain this documentation in your records. You should consult Internal Revenue Service (IRS) applicable forms, instructions, and information for the procedures that must be followed to claim a tax credit, including any needed substantiation to be retained to support the credit.
If one of your employees takes expanded family and medical leave to care for his or her child whose school or place of care is closed, or child care provider is unavailable, due to COVID-19, under the Emergency Family and Medical Leave Expansion Act, you must require your employee to provide you with appropriate documentation in support of such leave, just as you would for conventional FMLA leave requests. For example, this could include a notice that has been posted on a government, school, or day care website, or published in a newspaper, or an email from an employee or official of the school, place of care, or childcare provider. This requirement also applies when the first two weeks of unpaid leave run concurrently with paid sick leave taken for the same reason. If you intend to claim a tax credit under the FFCRA for the expanded family and medical leave, you should retain this documentation in your records. You should consult IRS applicable forms, instructions, and information for the procedures that must be followed to claim a tax credit, including any needed substantiation to be retained to support the credit.
May I supplement or adjust the pay mandated under the FFCRA with paid leave that the employee may have under my paid leave policy?
However, you are not required to permit an employee to use existing paid leave to supplement the amount your employee receives from paid sick leave or expanded family and medical leave. Further, you may not claim, and will not receive tax credit, for such supplemental amounts.
May I require an employee to supplement or adjust the pay mandated under the FFCRA with paid leave that the employee may have under my paid leave policy?
If I want to pay my employees more than they are entitled to receive for paid sick leave or expanded family and medical leave, can I do so and claim a tax credit for the entire amount paid to them?
Do I have to pay my employees if we close the company?
Generally, nonexempt employees are compensated for hours worked. With nonexempt employees, scheduled hours and hourly pay can be reduced unless “reporting time” pay is required under state or local regulations. While exempt employees must be compensated for any weeks in which some work is performed. Exempt employees are not required to be paid for a week in which they perform no work.
A company may also have pay obligations covered under contractual agreements such as an employment contract or Collective Bargaining Agreement.
What is the CARES ACT -Employee Payroll Tax Credit for Employee Retention?
Credit available to any employer:
- Carrying on a business in 2020
- Had its operations fully or partially suspended due to Covid-19 or had a decline of at least 50% in gross receipts as compared to the same calendar quarter in the prior year.
Amount of credit is 50% of “qualified” wages up to $10,000 (max credit $5,000) per employee paid through 12/31/2020
- Qualified wages mean:
- Employers with >100 FTEs
- wages paid to employees not performing services due to COVID-19-related circumstances (either suspension of operations or reduction in gross receipts)
- Employers with <100 FTEs
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- all employee wages paid
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- Employers with >100 FTEs
- Includes employer’s “properly allocable” qualified health plan expenses
- Excludes wages taken into account under paid sick/family leave (FFCRA) (those that receive a 100% credit)
How do I receive the Employee Payroll Tax Credit for Employee Retention through Prestige?
Note: If you direct Prestige to file for the Employee Retention Tax Credit, you will generally be ineligible to receive an SBA loan under the Paycheck Protection Program.
What is the CARES ACT– Deferral of Employer Share of Social Security Tax?
Payment schedule for deferred taxes:
- 50% due 12/31/2021
- 50% due 12/31/2022
Employers that received the SBA Paycheck Protection Loans that were forgiven are not eligible for this deferral. The amount of the deferral will not be known until June 30, 2021.
May I supplement or adjust the pay mandated under the FFCRA with paid leave that the employee may have under my paid leave policy?
However, you are not required to permit an employee to use existing paid leave to supplement the amount your employee receives from paid sick leave or expanded family and medical leave. Further, you may not claim, and will not receive a tax credit, for such supplemental amounts.
If I want to pay my employees more than they are entitled to receive for paid sick leave or expanded family and medical leave, can I do so and claim a tax credit for the entire amount paid to them?
Paycheck Protection Program Loan Application requires a payroll report, is there any issue if an eligible borrower contracts with a Professional Employer Organization (PEO) to process payroll and report payroll taxes?
Will there be any issues receiving our payroll package from Prestige during the New York State on Pause Executive Order?
How do I count hours worked by a part-time employee for purposes of paid sick leave or expanded family and medical leave?
If this calculation cannot be made because the employee has not been employed for at least six months, use the number of hours that you and your employee agreed that the employee would work upon hiring. And if there is no such agreement, you may calculate the appropriate number of hours of leave based on the average hours per day the employee was scheduled to work over the entire term of his or her employment.
When calculating pay due to employees, must overtime hours be included?
Multiemployer/Collective Bargaining
I am an employer that is part of a multiemployer collective bargaining agreement, may I satisfy my obligations under the Emergency Family and Medical Leave Expansion Act through contributions to a multiemployer fund, plan, or program?
Are contributions to a multiemployer fund, plan, or other program the only way an employer that is part of a multiemployer collective bargaining agreement may comply with the paid leave requirements of the FFCRA?
Workplace Safety
My employee alleges they contracted COVID-19 while at work. Will this result in a compensable workers’ compensation claim?
What is the best way for employers to disinfect the workplace if they have reason to be believe (or actual knowledge) that their office has been exposed COVID-19?
What if an employee appears to have flu-like symptoms?
If one of our employees is quarantined, what information can we share with our employees?
What guidance can I give employees who commute and take mass transit to work?
What guidance can I give my employees who typically travel to client appointments and worksites?
Are there rules that can be imposed to prohibit an employee from traveling on their personal time?
Layoffs, Furloughs & Business Closures
Do employers have an obligation to provide notice under the federal WARN Act if we are forced to suspend operations due to the coronavirus and its aftermath?
Employers also should consider state mini-WARN acts, as well as state, county, and local laws and ordinances that may require notices for certain workforce reductions or changes.
Furlough or Terminate, what should I do?
Terminations should be used when an employer is less certain that improved business conditions will allow the employee to be recalled. Benefits are typically terminated with a permanent lay off.
Please reach out to either your Payroll Specialist or Human Resource Business Partner to discuss your options in detail.