Jul 10, 2020

Q&A: COVID-19 Employer Guidelines

Managing employees is different than ever before - what should you be prepared for?

 

As we continue to adjust to the changes spawned from the COVID-19 pandemic, it is apparent that the way we manage employees has shifted entirely. More than ever, questions of morale and personal safety, even in seemingly-benign office spaces, are at the forefront of every work conversation. Time will tell how we collectively adapt to this so-called new normal, but in the meantime, the experts at HR Support Center have answers to some pressing concerns

Q: Are we required to restore employees returning to work after a furlough to their original positions?

A: Unless an employee was out on job-protected leave, such as FMLA or EFMLA, you are not required to return them to their original position or to an equivalent one (or bring them back at all). Given the impact of COVID-19 on business operations across the country, it’s not surprising that organizations may need to restructure their teams to stay afloat or remain competitive. That said, if employees who were furloughed or laid off are asked to come back to a job that feels to them like a demotion, they may be less inclined to accept the offer or may be less engaged in the new role than they were in their previous job.

If you need to restructure their position, it will be helpful to explain why that was necessary. People are generally much more accepting of change if they understand it, and less likely to claim discrimination if you’ve given them your business-related reason for the decision.

Q: What should I do if my employee discloses that their family member or roommate has COVID-19?

A: Employees who have come within six feet of someone who is infected should self-quarantine for 14 days after their last exposure per the Centers for Disease Control and Prevention (CDC). During this time, they should take their temperature twice a day and watch for symptoms of COVID-19. Currently, the known symptoms of COVID-19 include fever, cough, sore throat, muscle pain, chills, new loss of taste or smell, or shortness of breath.

Because COVID-19 is widespread in so many communities, the CDC recommends that everyone practice social distancing, be alert for COVID-19 symptoms, and follow CDC guidance if symptoms develop.

Remember to maintain the confidentiality of all employees’ medical information, which includes symptoms as well as the lack of symptoms.

Q: We are reopening after business closure due to COVID-19. Can we bring some employees back, but not others?

A: Yes. If you are recalling some positions, but not others, you should document the business reasons why only those positions were recalled. If you are recalling some employees in a certain position, but not everyone in that position, you should document the objective, job-related criteria you used to decide which employees to bring back. Seniority or previous job performance, for example, would be acceptable criteria and relatively easy to defend if you are ever challenged.

Q: Does the FFCRA apply to me if I have more than 500 employees? How do I count them?

A: No, if you employ more than 500 employees, the FFCRA does not apply to your organization. It applies only to organizations that employ fewer than 500 full-time and part-time employees within the United States. 

When counting your employees, be sure to include employees on leave, temporary employees who are jointly employed by you and another employer, and day laborers supplied by a temporary agency. You do not need to include workers who are properly classified as independent contractors.

You can read more about counting employees for purposes of the FFCRA on the DOL's Q&A page.

Q: How do EFMLA and EPSL relate to each other, especially in regard to caring for children?

A: The emergency FMLA (EFMLA) and emergency paid sick leave (EPSL) both cover caring for children whose school or place of care is closed due to COVID-19 precautions. The leaves can run concurrently with the first 10 days of EFMLA being unpaid, which will, in many cases, coincide with the 80 hours of pay (at ⅔ the regular rate) under EPSL for full-time employees. If an employee uses EPSL for a non-childcare reason first, they’d still have 12 weeks of EFMLA available for use.

Time will tell how quickly we are able to return to our previous routines and practices, but for the time being, staying up-to-date on current regulations and new developments in how the pandemic is shaping business nationwide is a must. To stay in the loop regarding workplace updates as this situation persists, check out the resources available from HR Support Center.

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