On Friday, July 17, Governor Newsom announced plans for how California schools would be permitted to operate for the 2020-2021 school year. Schools located in counties that are on the state’s Monitoring List for COVID-19 cases must not physically open for in-person instruction until the county has come off the Monitoring List for 14 consecutive days. As of July 20, the Monitoring List includes Fresno, Tulare, Kings, Merced, and Madera counties, among several others. Even when a school is allowed to reopen, positive COVID cases in students or teachers could cause the campus to close again.
Ever since schools were closed in mid-March, most parents have been nervously awaiting news about how reopening would be handled, and the state-wide directive has been met with relief by some families and disappointment by others. Wide-ranging views about the health risks aside, the fact that our kids will most likely continue to be home for the next several weeks or months, and the responsibility to provide instruction and homework oversight, is likely causing a great deal of anxiety and stress for many on your staff.
So what is an employer to do? How can you demonstrate understanding and flexibility, while ensuring that work gets done effectively? With the start of the school year 3 to 4 weeks away, now is a great time to talk with employees and agree on a plan, which may include one or more of the following options:
Leaves of Absence Under the FFCRA
– Effective April 1, 2020, the Families First Coronavirus Response Act created a new qualifying reason for leave under the Family Medical Leave Act (FMLA). Under this FMLA Expansion (FMLA-E), an employee who has been employed for at least 30 days is eligible to take up to 12 weeks off work to care for a son or daughter whose school or day care is closed or unavailable.
The first ten workdays of FMLA-E is unpaid, and an employee may choose to use available emergency paid sick leave or vacation/PTO. EPSL used for this purpose is paid at 2/3 the employee’s regular rate of pay, up to $200 per day.
– After the first ten days, leave is paid by the employer at 2/3 the employee’s regular rate of pay, up to a maximum of $200 per day.
Health insurance benefits must be maintained in the same manner as if the employee were working.
– If you are a covered employer under traditional FMLA, an employee is not entitled to an additional 12 weeks of leave. Time off for other qualifying reasons in the current 12-month period will reduce his/her ability to take FMLA-E leave.
– Technically, FMLA-E is to be used when there is no other suitable person available to care for the child(ren), not for when the parent wants to deliver a preferred homeschool experience. If another parent, grandparent, or care provider is available, assisting with distance learning may not be a qualifying reason for leave.
FMLA-E applies to employers of fewer than 500 employees, but healthcare organizations and employers of fewer than 50 employees may be allowed to exempt themselves from providing this leave. We recommend seeking legal counsel and giving employees very clear notice prior to denying a request for time off.
Teleworking Arrangements
If your employee is able to work from home, a continuous or intermittent teleworking arrangement may be a positive solution.
– Be clear about scheduling, and your expectations for communication and deliverables. It is unlikely that your employee will be able to put in a full traditional work schedule while also facilitating distance learning for his/her child(ren). Everyone should be on the same page about how many hours will be devoted to work, and what should be accomplished each day.
– Prepare a teleworking agreement to document the approved schedule, use of company-owned equipment, privacy and confidentiality policies, timekeeping and meal period reminders, etc.
– Intermittent FMLA-E may be used for the normally-scheduled hours that the employee will not be working.
Reduced Work Schedules or Discretionary Leaves
If an employee has already exhausted his/her time off under FMLA-E, or teleworking is not a realistic option, a short-term schedule reduction or leave of absence may be necessary. These situations may impact the employee’s eligibility for health insurance and other benefits, so be sure to have clear discussions prior to beginning the arrangement.
Creative Shared Instruction
In some neighborhoods, several families are creating a rotating schedule of care and school instruction for elementary-age children, allowing parents to focus on work or other responsibilities on their “off days.” If some of your employees have children in the same school district, they may be able to get creative with a plan that allows them to minimize time away from the office. (Of course, safety precautions such as masks and social distancing should always be implemented.)
We understand that this topic is a tough one to navigate for employees and managers alike. Contact one of our Consultants if we can assist you in determining the best approach for your team. 559-431-8090.
07.15.20
Quarantine Timelines for COVID-Positive Tests and Exposures+
COVID-19
July 2020 Quarantine Timelines for COVID-Positive Tests and Exposures
The Symptom-Based Strategy requires the person to stay home until it has been at least 10 days since the onset of symptoms and 3 days since recovery from symptoms.
– This guidance aligns with Fresno County’s employee health screening requirements, and is the best approach when an actual COVID-19 test will not be administered or when two tests (as described below) cannot be received in a timely manner.
The Test-Based Strategy requires the person to be away from work until there is a resolution of fever without the use of medication, improvement of respiratory symptoms, and two negative COVID tests taken at least 24 hours apart.
– This method may be best when an employee’s symptoms are lingering but are not believed to be COVID-19 or when timely testing is available.
COVID-Positive Test Without Symptoms The employee should stay away from work until at least 10 days have passed since the date of the positive COVID-19 test, if he/she does not develop any symptoms, or after two negative COVID tests taken at least 24 hours apart.
Direct Exposure to a COVID-19 Patient If your employee reports having been in close contact with a person who has tested positive for COVID-19, he/she should stay away from work for 14 days from the date of exposure to monitor of symptoms. If symptoms develop, follow the strategies described above.
– Note that the Fresno County Department of Public Health defines “direct contact” as spending 15 minutes or more time within 6 feet or less while unmasked. If your employee reports incidental contact, he/she is not required to self-quarantine, but should strictly adhere to distancing and masking protocols.
Living in the Same Household with a COVID-19 Patient This scenario is potentially the longest, and trickiest, one to navigate. According to the CDC’s guidance for caregivers, the person should continue to self-quarantine until 14 days from when the infected person has met the criteria to end isolation, using symptom-based strategy or test-based strategy above. Even if your employee is not providing care, they are likely using the same restrooms or kitchen and air conditioning is circulating through the home, resulting in continual risk for exposure.
Emergency Paid Sick Leave and Other Benefits
An employee who must self-quarantine due to COVID-19 symtpoms, testing, or exposure is eligible for up to two weeks of emergency paid sick leave. If he/she must stay away from work longer, State Disability Insurance or Paid Family Leave can provide partial income replacement. The employee may also use existing company sick leave or vacation/PTO benefits.
FMLA/CFRA Designation for Employers of 50+
Self-quarantine due to symptoms is not a qualifying event for FMLA/CFRA if there is no need for medical care. A regimen of treatment that can be initiated without a doctor visit, such as over-the-counter medications, is not considered a serious health condition. Covered employers should designate an eligible employee’s time off as using FMLA/CFRA leave entitlements when:
– There is a positive COVID-19 test and the person must stay off work for at least three days.
– The employee is required to care for a COVID-infected parent, child, or spouse.
We understand how complicated and confusing these decisions can be, and you’re not in this alone! Contact one of our certified Consultants to discuss the specific scenarios being reported by your employees.
07.02.20
Governor Newsom Orders Most California Restaurants to Close Indoor Dining For Three Weeks
COVID-19
On July 1, 2020, Governor Newsom held a press conference to announce the return of restrictions for restaurants, movie theaters, and other indoor entertainment venues due to rising Coronavirus cases in 19 California counties. These businesses must stop indoor dining service immediately, but take-out and outdoor dining/activities are permitted. Bars, breweries, and pubs must close all indoor and outdoor operations.
Affected counties include Fresno, Merced, Kern, Tulare, Sacramento, and Los Angeles, among others. Restrictions will remain in place for three weeks.
The governor indicated that a “strike team” of government agencies would be deployed to address businesses that do not comply with the state order. Alcoholic Beverage Control, CalOSHA, the Department of Business Oversight, and the Department of Consumer Affairs are among those who could use regulatory authority if needed.
06.23.20
Protect All Employees From Heat Illness
COVID-19
The Central Valley in California is facing triple-digit heat forecasts all week, and it’s heating up statewide. This comes at a time when many businesses, in response to COVID-19, have added outdoor elements to the way that they provide their services. Of course, we can’t forget Cal/OSHA – in an effort to raise awareness about state heat standards, penalties for violations have been intentionally inflated to thousands of dollars per violation.
The state heat illness prevention standard applies to all outdoor workers. That includes not just those in agriculture, construction, or landscaping, but increasingly employees servicing your local restaurant drive-thru or outside (socially-distanced) seating area, your security personnel, or employees making deliveries.
COVID-19 Precautions
If you have employees that work outdoors, you have a responsibility to create a heat illness prevention plan with provisions related to training employees and providing them with water, shade, and rest. Some of that may be complicated by pandemic conditions. For example:
Tents for shade that once accommodated an entire team may not be sufficient now that employees need to be socially distanced from one another, meaning that employers will need to provide more shade than usual.
Masks worn to prevent the spread of COVID-19 – and now required by Governor Newsom’s 6/18/2020 executive order – make it difficult to breath and harder to cool off, meaning that additional rest breaks may be necessary.
Proactive Steps
If you have employees who work outdoors, we advise you take the following steps to protect employees from heat illness:
Plan– Develop and implement a written heat illness prevention plan. This plan should be customized to your circumstances, and should include emergency response procedures. Sierra HR Partners can assist you with this.
Train – Train employees, including management employees, who work in high-heat conditions. Training must cover a number of heat-illness-related topics, including heat illness risk factors, acclimatization, employer safety procedures, and measures to prevent heat illness.
Provide Water – Provide water that is fresh, pure, suitably cool, and free of charge, and frequently encourage employees to drink sufficient amounts. Ensure that water is located as close as practicable to where employees are working. If it’s not plumbed, employers must provide enough for each employee to drink at least 1 quart per hour.
Provide Shade and Rest – Provide shade upon request, and at minimum when temperatures exceed 80 degrees, while frequently encouraging employees to take a cool-down rest when needed. Employees should take cool-down rests before feeling sick.
If you would like help developing a heat illness prevention plan, contact Sierra HR Partners today.
06.18.20
Governor Newsom Issues Statewide Order Compelling Face Masks
Uncategorized
On June 18, 2020, Governor Newsom issued a sweeping order requiring all Californians to wear masks. The order requires masks in commercial and public areas and at work. According to the order, masks must be worn in the following situations:
(1) Inside of, or inline to enter, any indoor public space;
(2) obtaining healthcare services, including at hospitals, pharmacies, an office visit, clinic or blood bank;
(3) waiting for or riding public transportation, in a taxi, private car service, or ride-sharing vehicle;
(4) Working when:
• interacting in-person with a member of the public, • working in a space visited by the public, • working where food is prepared or packaged for sale or distribution, • walking in common areas including halls, stairways, elevators and parking facilities, and • any enclosed area where other people are present; • interacting in-person with a member of the public, • working in a space visited by the public, • working where food is prepared or packaged for sale or distribution, • walking in common areas including halls, stairways, elevators and parking facilities, and • any enclosed area where other people are present;
(5) driving or operating public transportation, taxi, car service or ride-sharing vehicle when passengers present; and
(6) in outdoor public spaces when 6 feet of social distancing is not feasible.
There are some exceptions such as children under two years of age, persons with medical conditions preventing the wearing of a covering, persons who are hearing-impaired, persons seated at a restaurant provided they maintain a 6-foot distance from others, and persons engaged in outdoor work or recreation.
