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DOL Authorizes Use of Telemedicine For FMLA Certifications

Eric Paltell
Eric Paltell
01/04/2021
COVID-19, FMLA
Among the many changes COVID-19 has brought about  is the increases use of telemedicine for persons in need of medical services. On December 29, 2020, the United States Department of Labor embraced the use of telemedicine as a method by which an employee can obtain “treatment” for  “serious medical condition” under the Family and Medical Leave Act (“FMLA”). The FMLA permits an employee to take up to 12 weeks of leave for their own or a...
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Coronavirus Relief Package Does Not Extend The FFCRA But Provides An Incentive For Private Employers To Make Paid Leave Available

Clifford Geiger
Clifford Geiger
12/28/2020
COVID-19
The coronavirus relief package passed by Congress last week was signed by President Donald Trump on Sunday, December 27, 2020.  The new law does not extend the paid leave mandates enacted under the Families First Coronavirus Response Act (“FFCRA”), which are set to expire on December 31, 2020.  Next year employers will no longer be required to provide paid sick or family leave for employee absences caused by coronavirus-related reasons. ...
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EEOC Issues Guidance on COVID-19 Vaccination For Employers

Bernadette Hunton
Bernadette Hunton
12/18/2020
COVID-19
On December16, 2020, the EEOC issued its first guidance for employers on COVID-19 vaccinations in the workplace.  Below is a summary of the question and answer guidance. Is the administration of a COVID-19 vaccine by an employer (or third-party on behalf of an employer) a “medical examination” for purposes of the American with Disabilities Act (ADA)? No.  The vaccination itself is not a medical examination because an employer who...
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Governor Hogan Announces Two New Initiatives To Provide Economic Relief For Maryland Businesses

Bernadette Hunton
Bernadette Hunton
12/16/2020
COVID-19
On December 10, 2020, Maryland Governor Hogan announced two new COVID-19 initiatives to provide economic relief to businesses in Maryland.   Emergency Unemployment Tax Relief For Businesses The first Executive Order No. 20-12-10-01, effectively suspends unemployment tax increases for Maryland businesses for 2021.  The Order, which acknowledges “contributory employers cannot fairly be held responsible for the abnormally high volume of...
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CDC Provides Recommendation For Optional Shorter COVID-19 Quarantine Period

Garrett Wozniak
Garrett Wozniak
12/04/2020
COVID-19
This past Wednesday, December 2, 2020, the CDC updated its guidance on quarantining for those who have been in contact with others with COVID-19. The amended guidance states that the quarantine period can end after 10 days without testing if the individual has no symptoms during daily monitoring for the 10-day period.  The agency hedges the recommendation, however.  The CDC reiterates that it “currently recommends a quarantine period of 14...
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The Latest On Facemasks in the Workplace

Eric Paltell
Eric Paltell
11/19/2020
COVID-19, Workplace Safety
On November 18, 2020, the U.S. Department of Labor's Occupational Safety and Health Administration  ("OSHA") published an update to its "Frequently Asked Questions"   to clarify it position on the use of cloth face coverings as personal protective equipment in the workplace. The need for clarification arose after the Center for Disease Control and Prevention issued a scientific brief on November 10, 2020 finding that some cloth  face coverings...
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DOL Issues Revised FFCRA Regulations

Eric Paltell
Eric Paltell
09/15/2020
Agency Activity, COVID-19
On September 11th, the U.S. Department of Labor issued revised regulations on the Families First Coronavirus Response Act (FFCRA). The new regulations are a response to an  August 3, 2020 decision from a New York federal court finding that DOL's interpretation of the FFCRA excluded too many health care workers from the Act's coverage. The court also  struck down a provision that allows employers to deny leave when they don't have work available,...
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DOL Issues Guidance For Tracking Employee Telework Hours

Bernadette Hunton
Bernadette Hunton
08/27/2020
COVID-19, Wage & Hour
In response to the increase in pandemic-generated remote work, the DOL has issued a Field Assistance Bulletin (No. 2020-5) that offers guidance (applicable to both COVID and non-COVID telework arrangements) on how businesses should manage pay for such work. The guidance emphasizes that remote workers must be paid for all work that an employer knows or “has reason to believe” was performed, and applies a “reasonable diligence” standard to...
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CDC Issues New Guidance On Wearing Masks

Garrett Wozniak
Garrett Wozniak
08/13/2020
COVID-19
In the ever-evolving world that is COVID-19 guidance, the Centers for Disease Control and Prevention (CDC) recently updated its “Considerations for Wearing Masks.”  In the August 7 update, the CDC says that people should wear masks in public and when around people who do not live in their household.  Wearing masks is particularly important when social distancing is not feasible. The CDC recommends that we wear masks because “[m]asks...
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CDC Updates Guidance On Returning From Isolation

Garrett Wozniak
Garrett Wozniak
08/10/2020
COVID-19
The CDC recently updated its guidance on when someone may stop isolating in a number of COVID-19 related scenarios.  If you have been around someone with COVID-19, the CDC recommends that you remain home for 14 days after your last exposure to that person.  However, if you developed COVID-19 illness within the previous three (3) months and recovered and remain without COVID-19 symptoms, you do not, according to the CDC, need to stay...
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