Back to School Powerpoint(11646448.1) - Steptoe & Johnson · Thus, the authors and Steptoe &...
Transcript of Back to School Powerpoint(11646448.1) - Steptoe & Johnson · Thus, the authors and Steptoe &...
Back to School – Rights and Responsibilities of Employers and Employees for Fall 2020
Nelva Smith Columbus, OH
Bryan CokeleyCharleston, WV
August 18, 2020
Emergency Paid Sick Leave Act (EPSLA)“Paid Sick Leave”
• Effective: April 2, 2020• Sunset provision: December 31, 2020 (currently)• Up to 80 hours of leave
1. Gov’t quarantine or isolation order covering employee
2. Healthcare provider advises employee to self-quarantine
3. Employee experiencing symptoms and seeking medical diagnosis
Benefits• Full pay, but caps
– $511 per day– $5110 aggregate
EPSLA (con.)4. Caring for an individual under quarantine or isolation per order or
medical advice5. Caring for son or daughter
• School or place of care closed,Or
• Childcare provider unavailable for reasons related to COVID-19
6. Substantially similar conditionBenefits• Caps
‒ $200 per day‒ $2000 aggregate
• Cannot require use of other leave
Emergency Family and Medical Leave (EFMLEA)“Emergency FMLA”• Effective: April 2, 2020
• Sunset provision: December 31, 2020 (currently)• Caring for son or daughter
• School or place of care closedOr
• Childcare provider unavailable for reasons related to COVID-19
• 12 weeks• 2 weeks unpaid• 10 weeks paid• Can run other leave concurrent
• 2/3 rds Pay• Caps
• $200 per day• $10,000 aggregate
•Employer coverage< 500 employees(private employers)
•Employee eligibility• EPSLA (immediate)• EFMLEA (30 days)
Family First Coronavirus Response Act (FFCRA)
Exclusions• “Small employer”
• < 50 employees⁻ Threatens viability of business⁻ Key employee⁻ Insufficient # of employees⁻ Document reasons
• “Healthcare providers”• but …
School Closure• Physically shutdown• Virtual = closed• Hybrid
– Open• No Leave
– Virtual• Leave
• Parental choice– Not a qualifying event– Not eligible for leave
The “Fearful Parent”
• Not a qualifying event– If school or childcare open
• Employer (all employers) may offer:– Vacation, PTO, sick leave– Borrow from future– Unpaid leave (or furlough)– No tax credits
Telework
• At employer’s option– Able to perform the work– Feasible
• Employer and employee may modify work schedule by agreement
• Expense of equipment
“No other suitable person”
• Spouse?• Grandparents?• Relative?• Documentation
– Name of son or daughter– Name of school, place of care, childcare provider– Representation that “No other suitable person will be
caring for child”
Intermittent Leave
• Hybrid ≠ intermittent leave• Per regulation
– Employer & employee must agree– But …
State of New York v. Department of Labor(August 3, 2020)
• Employer may not veto intermittent leave• “Availability of work” struck down• Second (DOL’s) definition of “healthcare provider”
struck down• No documentation needed prior to leave starting• Geographical Scope: ? ? ? ?
Other Considerations
• State and local laws• Collective bargaining agreements• Other laws
– FMLA– ADA– Discrimination
• Gender
These materials are public information and have been prepared solely for educational purposes. These materials reflect only the personal views of the authors and are not individualized legal advice. It is understood that each case is fact-specific, and that the appropriate solution in any case will vary. Therefore, these materials may or may not be relevant to any particular situation. Thus, the authors and Steptoe & Johnson PLLC cannot be bound either philosophically or as representatives of their various present and future clients to the comments expressed in these materials. The presentation of these materials does not establish any form of attorney-client relationship with the authors or Steptoe & Johnson PLLC. While every attempt was made to ensure that these materials are accurate, errors or omissions may be contained therein, for which any liability is disclaimed.
Back to School – Rights and Responsibilities of Employers and Employees for Fall 2020
Nelva Smith 614-456-1656
Bryan Cokeley304-353-8116