5/13/2020 RESPONSIBLE RESTART OHIO www.ps-law.com 1 FAMILIES - - PDF document

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RESPONSIBLE RESTART OHIO

www.ps-law.com

FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA)

 Signed into law on March 18, 2020  Effective Date April 1, 2020  Expires on December 31, 2020  Enforcement started on April 20, 2020  Emergency Paid Sick Leave (EPSL)  Emergency Family & Medical Leave (EFMLA)

FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA)

Emergency Paid Sick Leave (EPSL)  Provides paid sick leave for up to two weeks (80 hours) or part time equivalent  100% pay if employee is:

 Quarantined (by gov’t order or medically advised)  Experiencing symptoms & is seeking diagnosis

 2/3 pay if employee is:

 Caring for individual who is quarantined  Caring for child whose school/daycare is closed  Experiencing a “substantially similar” condition

 Pay is capped

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FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA)

Emergency Family & Medical Leave (EFMLA)  Provides paid sick leave at 2/3 pay for up to ten weeks  Only available to care for child whose school/daycare is closed

FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA)

EXEMPTIONS  Small business exemption – less that 50 employees

 Only applies to EFMLA, not EPSL

 Health Care Provider exemption

 Can apply to both EFMLA and EPSL

TAX CREDITS  Employers may receive tax credits for both EPSL and EFMLA payments  Proper record keeping is essential to receive tax credits

FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA)

EMPLOYER RESPONSIBILITIES  Post Dept of Labor (DOL) FFCRA Employee Rights poster  Employers may receive tax credits for both EPSL and EFMLA payments  Proper record keeping is essential to receive tax credits

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FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA)

EMPLOYER BEST PRACTICES  Post supplemental posters re: Small Business and Health Care Provider exemptions  Distribute separate EPSL and EFMLA policies, with specific language for SB and HCP exemptions  Develop & use request forms for EPSL & EFMLA to request and record all required information to obtain tax credits

RESPONSIBLE RESTART OHIO

Gradual reopening of some (not all) non-essential businesses:  May 1 – healthcare (dental offices, non-essential medical facilities)  May 4 – Offices, Manufacturing, Distribution & Construction  May 12 – Consumer, Retail & Services  May 15 – Salons/Spas/Barbers; Restaurants (outdoor dining only)  May 21 – Restaurants – indoor dining

RESPONSIBLE RESTART OHIO

General Requirements (these differ somewhat with each industry category)  Signage re: health safety guidelines  Reduce capacity (50% of fire code maximums)  Continue work from home where possible  Employees must wear mask (unless covered by one of the exceptions)  Daily Employee Symptom Assessment

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RESPONSIBLE RESTART OHIO

General Requirements (these differ somewhat with each industry category)  Stagger shifts, start times, break times, etc.  Social distancing and/or physical barriers for employees  Social distance signage  Sanitation and Safety protocols (will differ by industry, worksite)

RESPONSIBLE RESTART OHIO

Best Practice Recommendations  Document Employee Symptom Assessments (use individual charts)  Work from home/telecommuting policies  Return to Work Safety Protocols  Review/update regular medical leave of absence policies

WORKPLACE SAFETY – CDC, OSHA & STATE LAWS

Required Actions  Masks for employees  Social distancing, physical barriers between employees  Regular hand washing & hand sanitizers  Cleaning protocols – regular cleaning, deep cleaning, disinfecting  Follow all industry specific “Mandatory” requirements

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WORKPLACE SAFETY – CDC, OSHA & STATE LAWS

Best Practice Recommendations  Masks for customers/clients  Barriers for customers/clients  Floor markings, signage to ensure social distancing  Follow all industry specific “Recommended Best Practices”

WORKPLACE SAFETY – CDC, OSHA & STATE LAWS

Required Reporting  If employee develops symptoms at work – isolate & seek medical care  Contact your local health dept. re: suspected cases and exposures  Shutdown workplace for deep cleaning/sanitation, if possible  Work with health dept. on contact tracing

WORKPLACE SAFETY – CDC, OSHA & STATE LAWS

Best Practice Recommendations – Designation & Reporting  Designate employee to handle all COVID 19 related absences, including FFCRA time off request and/or layoffs under ODJFS  Designate employee responsible for taking temperatures, handling employee assessments, record keeping  Designate employee for all contact and required reporting to health dept.  Designate employee for all contact tracing & employee notification procedures

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WORKPLACE SAFETY – CDC, OSHA & STATE LAWS

Best Practice Recommendations - Training  Train the designated employee!  Train employees on new policies  Train employees on use of Symptom Assessment Chart  Train employees on safety procedures – proper mask usage, handwashing, sanitizing, etc.  Document all training, receipt of new policies, etc.

RECALLING EMPLOYEES FROM LAYOFF

 Determine which employee(s) will be called back to work  Notify in writing, and give as much time as possible for notice of recall  Require response, accepting coming back to work  If no response or employee rejects return offer, notify ODJFS

RECALLING EMPLOYEES FROM LAYOFF

 I9 forms – only needed if original I9 is over 3 years old

 Not needed for furloughed employees

 Provide employees with any new or revised policies  Re-orient employee re: new policies, procedures, PPE, etc.

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RESOURCES

Resource list will be sent out following the presentation.

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