Healthcare employers are immediately impacted by two recent developments in federal and California COVID-19 paid leave laws: a Department of Labor revision to the Families First Coronavirus Response Act (FFCRA) and a new California supplemental paid sick leave legislation. For both changes in the law, quick action is required for compliance. Access the article.
With the school year underway, employers in the United States face a new challenge: childcare-related leave and accommodation requests by employees. With widespread remote learning and evolving legal obligations to provide paid leave to working parents, employers must navigate unique staffing challenges while complying with the Families First Coronavirus Response Act (FFCRA) and other state and local leave laws. In our recent webinar, we outlined some of the current leave requirements regarding childcare obligations and practical solutions to navigate these uncharted waters. View the slide deck here.
With rapid developments in local, state and federal guidance and law, the appropriate approach for each employer in relation to COVID-19 will vary depending on the nature of their work, the industries served and their location and size, among other considerations. This article outlines what employers need to know about employees experiencing symptoms and employee absences. Access the full article.
The Families First Coronavirus Response Act (H.R. 6201) was signed into law on March 18, 2020. This summary reflects these changes that includes: requiring employers to provide two weeks of paid sick leave in certain situations and provide subsidized leave under the Family and Medical Leave Act; providing additional nutrition assistance to affected areas and populations through the US Department of Agriculture (USDA) and the US Department of Health and Human Services (HHS); and requiring private health plans to cover diagnostic testing for COVID-19 at no cost to customers. Access the full article
The Families First Coronavirus Response Act (Families First) is now law and becomes effective April 2, 2020. For employers with less than 500 employees, and in certain situations for employees affected by coronavirus, Families First requires that employers provide two weeks of paid sick leave in certain situations and provide subsidized leave under the Family and Medical Leave Act. Tax credits will help to subsidize these requirements for affected employers. An outline of the legislation is provided. Access the full article.
As part of the Families First Coronavirus Response Act (the “Act”), Congress eliminated patient cost-sharing for Coronavirus (COVID-19) diagnostic testing and testing-related services provided under any employer-sponsored group health plan. This impacts all employer plans, insured and self-funded, of all sizes. The provisions are effective as of March 18 and will continue on a temporary basis for at least 90 days unless extended by the Department Health and Human Services (HHS). Access the full article.
When California’s Dynamex decision rolled out the “ABC test”, it placed the burden on the employer to prove independent contractor (IC) status. In a presentation at the Employment and Employee Benefits Forum in California, McDermott’s lawyers discussed the implications of Dynamex, as it applies to various types of employers as well as those using staffing companies. Additionally, they cover Dynamex’s impact on worker classification and employee benefits plans, particularly under ERISA. Lastly, they provide best practices that employers can do now to prevent litigation. View the full presentation.
The IRS released guidance in April on the new credit for paid family and medical leave. In FAQ form, this guidance helps employers gauge whether their current policies are sufficient, or whether implementation of conforming paid leave policies may be necessary. Access the full article.
More employees on FMLA leave seem to moonlight during the last months of the year, which leads to increased inquiries from employers about suspected FMLA abuse. Read the full article.
On February 23, 2015, the U.S. Department of Labor (DOL) Wage and Hour Division published its final rule regarding the definition of “spouse” under the Family and Medical Leave Act (FMLA). Specifically, the rule recognizes all lawful same-sex spouses for purposes of FMLA leave, regardless of the couple’s state of residence. This final rule takes effect on March 27, 2015. The FMLA permits eligible employees to take unpaid leave to care for a spouse with a serious health condition. Under the final rule, the DOL adopts the “state of celebration” rule in determining who is considered a spouse for these purposes. Accordingly, an eligible employee who has married a same-sex spouse in any state is permitted to take advantage of spousal FMLA leave, regardless of whether the couple resides in a state where same-sex marriage is recognized. The DOL previously adopted a “state of residence” rule for purposes of the FMLA, meaning an employee could take advantage of...