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Updated EEOC Guidance On COVID-19 Testing In The Workplace

Kollman & Saucier
04/23/2020
COVID-19
The EEOC has updated its guidance, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.”  Today’s update addresses the following question: May an employer administer a COVID-19 test (a test to detect the presence of the COVID-19 virus) before permitting employees to enter the workplace? Yes.  Employers may test employees entering the workplace to determine if those employees have...
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How EFMLA, EPSL, and Existing Leave Work Together

Kollman & Saucier
04/21/2020
COVID-19, FMLA, Paid Leave
In its most recent questions and answers, the Department of Labor addresses the circumstances in which employers may require employees to use existing leave and how existing leave works in conjunction with EFMLA and EPSL under the Families First Coronavirus Response Act.  This information is found in FAQ 86, with reference to previous guidance at Questions 31-33. Let’s take EFMLA first.  EFMLA is available when an employee is unable to...
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Determining Leave Hours Under the FFCRA . . . And Some Other Guidance

Kollman & Saucier
04/20/2020
COVID-19, FMLA, Paid Leave
It has been about two weeks since the DOL issued guidance on the paid leave (EFMLA and EPSL) required by the Families First Coronavirus Response Act (FFCRA).  Here is a summary of the DOL’s latest guidance -- questions 80-88 on the Department’s FAQ page.  These questions and answers primarily concern employees with irregular schedules and how to determine the number of leave hours and rate of pay for leave purposes.  The Q&A...
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CDC Issues Additional COVID-19 Guidance

Kollman & Saucier
04/17/2020
COVID-19
This past week, multiple agencies have issued new or updated guidance documents on COVID-19.  We reported earlier this week on the EEOC’s updated guidance.  Below are the highlights of the information shared by the CDC. On essential workers, the CDC issued Interim Guidance stating that “critical infrastructure workers” may continue working despite the potential exposure to COVID-19.  The CDC confirmed that potential exposure...
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The EEOC Issues An Updated Q&A On COVID-19, The ADA, And Other EEO Laws

Kollman & Saucier
04/15/2020
COVID-19, Disability & Leave, EEOC
Late last week, the Equal Employment Opportunity Commission (EEOC) posted an update to its short question and answer document, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act and Other EEO Laws.  The highlights (both pre-existing and newly added last week) include: While the EEO laws, including the ADA and Rehabilitation Act, continue to apply during this pandemic time, the EEOC has made clear they do not interfere...
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Handling FFCRA Leave Requests

Kollman & Saucier
04/10/2020
COVID-19, FMLA, Paid Leave
You may already have employees who’ve taken emergency FMLA (EFMLA) or emergency paid sick leave (EPSL) related to COVID-19 under the Families First Coronavirus Response Act ("FFCRA").  Maybe you haven’t.  Either way, you should have a plan for FFCRA leave requests that accounts for the following: Accept verbal notices and requests for leave and follow up with employees to obtain written notice to support the leave request. Do not...
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Small Business Exemption Under the FFCRA

Kollman & Saucier
04/08/2020
COVID-19, FMLA, Paid Leave
On April 6, 2020, when the Department of Labor (DOL) published temporary regulations for the Families First Coronavirus Response Act (FFCRA), it clarified a significant detail for employers with fewer than 50 employees.  According to the DOL, the small employer exemption applies only when leave is needed to care for a son or daughter whose school is closed or whose childcare is closed or unavailable for COVID-19 related reasons. The...
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Under What Circumstances Is An Employee Unable To Work (Or Telework) Because They Are Subject To Quarantine or Isolation Order?

Kollman & Saucier
04/08/2020
COVID-19, FMLA, Paid Leave
The Department of Labor (DOL) continues to change and add to the question and answer (Q&A) guidance on the Families First Coronavirus Response Act (FFCRA).  It has grown to 79 questions and answers of as April 8, 2020.  That guidance can be found here. In its Q&A guidance, the DOL is clear that FFCRA paid sick leave is only for employees affected by the COVID-19 pandemic but who would otherwise have work to do.  If an...
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More DOL Guidance On COVID-19 Related Leave

Kollman & Saucier
04/06/2020
COVID-19, FMLA, Paid Leave
Over the weekend, the Department of Labor released additional guidance regarding the emergency family and medical leave (EFMLA) and emergency paid sick leave (EPSL) required by the Families First Coronavirus Response Act (FFCRA).  The new questions and answers -- Q&A 60-79 -- largely reiterate prior guidance and the recently issued DOL regulations.  We’ve covered these developments over the past few weeks. So what is in the fourth...
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Treasury Issues New Guidance on Payroll Protection Program

Sarah Longson
04/05/2020
COVID-19
On April 2, 2020, the Treasury Department released guidelines for the Paycheck Protection Program (“PPP”) small business loans that were made available to businesses with 500 or fewer employees under the CARES Act.  The guidelines, termed “Interim Final Rule,” announced some material departures from the language of the Act itself.  Those departures represent significant changes related to how loan funds may be used, the time to...
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