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Providing People Solutions |
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Providing People Solutions |
Welcome to HR Partners' blog. To receive our company newsletter, the HR Advisor, please click here.
Due to the rise of COVID-19 cases, both the CDC and the KDHE have implemented new quarantine guidance (attached).
You will notice that quarantine has reverted back to 14 days, rather than 10 days, with 72 hours symptom free. The 10 days, 72 hours symptom free standard now only applies to lab confirmed cases and those who develop symptoms during quarantine.
Additionally, the KDHE has clarified that if an individual develops symptoms while in quarantine, and tests negative, the individual is still required to finish quarantine. A negative test result will not allow the individual to end quarantine early.
My hope for you, and your family is to have a happy and healthy Thanksgiving holiday. To assist with this, please review the following guidelines from the CDC:
https://www.cdc.gov/coronavirus/2019-ncov/daily-life-coping/holidays/thanksgiving.html
Please feel free to share with your respective staff.
On September 11, 2020, the U.S. Department of Labor (“DOL”) issued revised regulations under the Families First Coronavirus Response Act (“FFCRA”) following a decision from the U.S. District Court for the Southern District of New York which invalidated portions of the DOL’s initial, temporary rule.
In its revised regulations, which took effect on September 16, 2020, the DOL made the following changes:
Questions? Concerns? Contact HR Partners!
Many of you have asked, and some direction has been given pertaining to Trump’s payroll tax deferral program. Take a few minutes and read the following articles. And, before you move forward with this, please consult with your accountant and/or CPA.
https://www.nytimes.com/2020/08/28/us/politics/trump-tax-holiday-bill-due.html
https://www.cnn.com/2020/08/29/economy/trump-treasury-new-guidance-tax-holiday/index.html
https://www.foxbusiness.com/money/what-does-trumps-payroll-tax-deferral-mean-for-you
Have a great week!
Wow! I have received a lot of phone calls and emails that many of our respective organizations were victims of this. And, what I learned through this process was another way to contact the Kansas Department of Labor concerning your fraud issues. It is listed below:
How do I report my suspicions of UI fraud?
You can report fraudulent activity by:
UI Fraud Investigations Unit
Kansas Department of Labor
401 SW Topeka Boulevard
Topeka, KS 66603-3182
Many clients have reached out to express concerns with unemployment insurance fraud. We have witnessed two types of fraud. First, an unemployment insurance claim against the employer regarding a current employee of the organization, who never filed a claim. Second, an unemployment insurance claim against the employer by a person who never worked for the employer.
If this happens to your business, you should file a fraudulent claim with the Kansas Department of Labor as soon as possible. The link below is for your convenience.
If you are in another state, there is a similar claim form you can fill out as well. Just visit their respective state department of labor web site.
Stay safe, and as always, call HR Partners if you have any questions or concerns. (785) 233-7860.
New Health administers COVID testing for employers. Interested?
Click here for FAQ's that will assist you, and if you have additional questions, please contact Angela or Dr. Hall (their contact information is below). They are here to assist you in this COVID world.
Stay safe! And, have a great day!
This question came to me recently (this week) and I was wrong (it can happen). Below is the correct answer from the Department of Labor:
If I am an employer, may I use the paid sick leave mandated under the EPSLA to satisfy paid leave entitlements that an employee may have under my paid leave policy?
No, unless your employee agrees. Paid sick leave under the EPSLA is in addition to your employee’s (including Federal Employees’) other leave entitlements. You may not require your employee to use provided or accrued paid vacation, personal, medical, or sick leave before the paid sick leave. You also may not require your employee to use such existing leave concurrently with the paid sick leave under the EPSLA. But if you and your employee agree, your employee may use preexisting leave entitlements to supplement the amount he or she receives from paid sick leave, up to the employee’s normal earnings. Note, however, that you are not entitled to a tax credit for any paid sick leave that is not required to be paid or exceeds the limits set forth under the EPSLA. You are free to amend your own policies to the extent consistent with applicable law.
You learn something new every day in the COVID world. HR Partners will keep you up-to-date on what you need to know. Questions? Concerns? Call HR Partners at 785-233-7860.
If you have over 50 employees, and are currently complying with the FMLA, this blog is for you. The Department of Labor has provided guidance below on how FMLA and FFCRA work together, and not separately.
Do I qualify for leave for a COVID-19 related reason even if I have already used some or all of my leave under the Family and Medical Leave Act (FMLA)?
If you are an eligible employee, you are entitled to paid sick leave under the Emergency Paid Sick Leave Act regardless of how much leave you have taken under the FMLA.
However, if your employer was covered by the FMLA prior to April 1, 2020, your eligibility for expanded family and medical leave depends on how much leave you have already taken during the 12-month period that your employer uses for FMLA leave. You may take a total of 12 workweeks for FMLA or expanded family and medical leave reasons during a 12-month period. If you have taken some, but not all, 12 workweeks of your leave under FMLA during the current 12-month period determined by your employer, you may take the remaining portion of leave available. If you have already taken 12 workweeks of FMLA leave during this 12-month period, you may not take additional expanded family and medical leave.
For example, assume you are eligible for preexisting FMLA leave and took two weeks of such leave in January 2020 to undergo and recover from a surgical procedure. You therefore have 10 weeks of FMLA leave remaining. Because expanded family and medical leave is a type of FMLA leave, you would be entitled to take up to 10 weeks of expanded family and medical leave, rather than 12 weeks. And any expanded family and medical leave you take would count against your entitlement to preexisting FMLA leave.
If your employer only became covered under the FMLA on April 1, 2020, this analysis does not apply.
Questions? Concerns? Call HR Partners at 785-233-7860.
You have a COVID hit with one of your employees. It has been confirmed with a POSITIVE test result. What do you do next? You inform your respective staff who have been exposed. Click here for a memo template that can be used.
Questions? Concerns? Please call HR Partners at 785-233-7860.
