Business Insurance

Important updates on FFCRA and employee leave

Posted on by McGriff-Williams in Business Insurance, Human Resources |

With the Coronavirus being something new to most people as of this year, it is to be expected that the way we react to and handle it to be unfamiliar territory. Even just this week, the FFCRA (Families First Coronavirus Response Act) guidelines were challenged after some DOL (Department of Labor) changes. This stemmed from a court hearing in New York but could trickle out to the rest of the US as well. Here is some important information from our valued HR partner, Think HR:

FFCRA Leave Significant Rule Changes

A federal court in New York recently struck down four federal DOL rules related to the leaves provided by the FFFCRA. As a result, certain aspects of the FFCRA are now more favorable to employees. Unfortunately, it’s not clear if the ruling applies nationwide or only in the Southern District of New York, where that court is located. Until there is further activity in the case which may clarify whether the rules remain intact throughout the rest of the country we recommend that employers err on the side of caution when administering FFCRA leaves and assume these particular rules no longer apply.

What is clear is that these four rules definitely do not apply to the counties of Bronx, Dutchess, New York, Orange, Putnam, Rockland, Sullivan, and Westchester (i.e., the Southern District of New York).

Here are the rules that the court invalidated:

1. The requirement that work be available for an employee to use leave
– DOL Rule: The DOL said that for an employee to use Emergency Paid Sick Leave (EPSL) or Emergency Family and Medical Leave (EFMLA, aka EFMLEA), the employer had to have work available for them during the time they needed leave. For instance, if an employee was furloughed while sick with COVID-19, they would not be eligible for EPSL.

– The Court’s Ruling: Availability of work is irrelevant. If an employee is still employed, whether on the schedule or not, they should be allowed to use FFCRA leave for qualifying reasons.

2. The requirement that employers agree to intermittent leave
– DOL Rule: Employees must get approval from their employer to use intermittent leave to care for their children when their school or place of care is unavailable because of COVID-19.

– The Court’s Ruling: If an employee needs intermittent leave (partial weeks or partial days off) to care for their child whose school or place of care is unavailable because of COVID-19, the employer must allow it.

3. The requirement that employees provide documentation before taking leave
– DOL Rule: Employers could require that employees provide certain documentation before being allowed to take FFCRA leave or before designating the leave as EPSL or EFMLA.

– The Court’s Ruling: Employers can still require documentation (which is necessary to get their tax credit), but they can’t prevent an employee from starting leave until the documentation is received. The law clearly states that an employee must provide notice as is practicable when taking EFMLA leave and after the first workday of leave when taking EPSL.

4. The definition of health care provider, for the purpose of exemption from leave
– DOL Rule: The DOL had defined health care providers broadly, to include anyone who works for a healthcare entity and many who contract with one. (The rule was so broad that a custodian working at a drugstore or an English professor at a university with a medical school could be exempt.)

– The Court’s Ruling: The definition is too broad. However, the court did not provide a new definition. We recommend that employers apply the exemption only to those employees capable of directly providing healthcare services.

As a partner of Think HR, we will pay close attention for activity in this particular case and will let employers know if and when things change or become clearer.

 

Families First Coronavirus Response Act

Posted on by McGriff-Williams in Blog, Business Insurance, Human Resources, McGriff-Williams News |

On March 25, 2020 the Department of Labor (DOL) published a required notice under the Families First Coronavirus Response Act for employers with fewer than 500 employees. Those employers must post this notice by April 1, 2020. The notice is available here. This notice must be placed in a visible location within the premises and/or it can be emailed directly to each employee. 

The DOL has provided a few resources which are linked below:

Action Items for employers with fewer than 500 employees before April 1st, 2020:

  • Draft a handbook policy for Emergency FMLA and Emergency Paid Sick Leave (contact us for a sample)
  • Post and/or distribute DOL notice poster Update leave and FMLA policies to anticipate these new required policies

As you face the day to day questions of balancing business concerns, the law, and health and safety, we are here to help and assist in any way we can. Stay safe!

Business Interruption Insurance

Posted on by McGriff-Williams in Blog, Business Insurance, Gainesville, Insurance |

In a time like the current pandemic of COVID-19, we are all experiencing some serious interruption. As individuals, it’s come in the form our personal relationships, children’s schools, sports, social events, networking, and even the everyday errand of running to the grocery store. Those restrictions are inconvenient and may be aggravating but in the end, not totally life changing. After all, some may even be enjoying the forced slow down and more time at home with their families.

But for businesses, it’s a different story. Think about your favorite restaurant, retailer, hardware store, caterer or event venue your dentist, your hair stylist, your daycare and your gym. Think about how difficult it would be to tell employees of 20 years that you can’t afford to pay them or that you have to close the doors. Think about the students that work hourly to pay their way through school and support themselves, already living paycheck to paycheck to make ends meet.

This is a tough time, no doubt about it. It’s terrible. And it’s forcing business owners to look anywhere and everywhere for options. One avenue business owners are exploring is Business Interruption coverage on their commercial insurance policy, which is what we’d like to clarify.

Unfortunately, in most cases, this type of coverage does not apply to any type of disease or outbreak. In the event of a natural disaster or man-made crisis, this coverage would help protect businesses against financial losses if they had to suspend operations or operate at a reduced rate/capacity.

Some of the things Business Interruption typically covers are:
– lost revenue
– rent and lease payments
– mortgage payments
– other loan payments and taxes
– employee payroll or relocation costs

This coverage may not extend for the situation we’re in right now but it’s comforting to know it’s there when applicable. If there’s property damage, closure, or lack of operations that does qualify for coverage, this could get a company back up and running rather quickly. Suffering from economic shock and financial losses is stressful enough, so the silver lining in those situations would be that this is there to help.

There really isn’t a great solution or magic answer to how we’ll recover from this Coronavirus situation but if we can stay positive, band together, and help where we’re able surely, we’ll come out of it okay and as best prepared as we can be to get to work on recovering.