One. Typically, a „small business“ has fewer than 500 employees and includes sole proprietorships, independent contractors and self-employed individuals, private non-profit organizations, and 501(c)(19) veterans` organizations affected by COVID-19. Companies in certain industries can have more than 500 employees if they meet the SBA`s size standards for their sector. The PPP contains specific rules on affiliation, which also affect the eligibility of a company. Due to the COVID-19 pandemic, employers can currently ask questions about their symptoms to employees who regularly or occasionally work on-site and feel sick or call for questions about their symptoms as part of workplace COVID-19 testing. 4. Can employers restrict employee behaviour outside the department? One. An employer may not require its employees to take paid sick leave in increments of more than one hour. The Americans with Disabilities Act (ADA) requires employers with 15 or more employees, qualified persons with disabilities who are employees, or job applicants to make reasonable accommodations, short of undue hardship. Following a reasonable request, employers must conduct an interactive process with the employee to determine if there are ways to allow the employee to perform the work without overburdening the employer. Accommodations may include job restructuring, leave, modified or part-time plans, changes in workplace policies, equipment changes, or transfer to a vacant position. According to the SHRM survey, it is unlikely that 40% of U.S. employees will receive the COVID-19 vaccine or certainly won`t receive it when it becomes available.

Of those, 70% said they would not get vaccinated, even if their employer required them to do so. An employer may also send a general notice to all employees who must return to work, indicating that it is willing to respond to requests for accommodation or flexibility on an individual basis. The employer must indicate whether the contacts differ depending on the reason for the request – for example, whether the contact body or contact person is different for disabled workers or pregnant workers than for workers whose request is based on age or childcare obligations. It adds that the most important consideration for employers when monitoring the hours of work of teleworkers is whether the employer actually or implicitly knew, through due diligence, that compensable work was being performed. One way to demonstrate due diligence is to develop written time tracking policies and procedures so that employees can accurately record hours worked, including unplanned hours. While it may be the responsibility of employees to use an employer`s proper time tracking procedures, project and performance management platforms and communication tools are increasingly providing managers with greater insight into employee productivity. Waters also recommends that managers receive training on how to identify and report unplanned work and consistently apply company standards. A.12. During the COVID-19 pandemic, can an employer request information from employees who regularly or occasionally work on site, who feel sick or who are sick? (08.09.20; adapted to question 6 on pandemic preparedness) A. Yes.

On April 23, 2020, the EEOC updated its guidelines for COVID-19 employers to answer this question. The EEOC said the required tests are allowed on the grounds that these tests are workplace-related and compatible with the company`s needs and that an employee with Covid-19 would pose a direct threat to the workplace. For these reasons, the EEOC concluded that employers may require such testing before allowing workers to enter the workplace. The EEOC warns employers to first „ensure“ that the required tests are reliable and accurate. To that end, the EEOC suggests employers consult guidance from the FDA, CDC, and other health authorities on this issue. The California DFEH has not yet commented on the issue of required Covid-19 testing, but it seems likely that the DFEH will follow the EEOC`s lead on this issue (as was previously the case on the issue of permitted temperature controls). Employers who conduct the required Covid-19 tests are advised to maintain the confidentiality of test results, compensate employees for all time and expenses associated with participating in the required tests, and ensure that their CCPA communications communicate to employees that health information is being collected as part of the company`s efforts to provide and prevent a safe workplace. that people with Covid-19 are at work while potentially contagious. One.

This was an area where DOL and IRS guidelines were unclear. Currently, the DOL guidelines (see question 16) for employees requesting paid leave from the FFCRA read as follows: „You must provide your employer, orally or in writing, with the following information: (1) your name; (2) date(s) for which you request leave; (3) The reason for the holiday; and (4) a statement that you cannot work for the above reason. Q: Can I require employees to exhaust their previously accumulated paid sick leave, vacation or vacation time before taking one of the new paid sick days designated by the CARFF? Employers and employees should cooperate to determine whether reasonable accommodation can be provided. Helene Hechtkopf, an attorney at Hoguet Newman Regal & Kenney in New York, said employers should evaluate: A. Maybe. The FFCRA amended the Family Medical Leave Act (FMLA) so that eligible workers can use their FMLA allowance (12 working weeks in a 12-month period) between April 1 and December 31, 2020, if they are unable to work (or telework) because they are caring for a child whose school or daycare has been closed due to the coronavirus public health emergency. The FFCRA did not change the maximum entitlement to FMLA leave by a total of 12 weeks of work in a 12-month period (or 26 weeks of work for family leave). Therefore, an employee who has taken leave under the FFCRA may also be entitled to leave under the other eligibility provisions of the FMLA, such as for the birth of a child, as long as the employee has not already exhausted all of his or her 12-month vacation pay. One. No, the only FMLA paid leave related to COVID-19 is for employees who need to care for their child due to school/daycare closures due to COVID-19. As health officials and doctors learn more about COVID-19, they can expand the list of associated symptoms.

Employers should rely on the CDC, other health authorities, and reputable medical sources for advice on symptoms associated with the disease. These sources can guide employers in choosing which questions to ask employees if they would pose a direct threat to occupational health. For example, additional symptoms beyond fever or cough may include further loss of smell or taste, as well as gastrointestinal problems such as nausea, diarrhea, and vomiting. Labor & Workforce Development Agency (LWDA): LWDA is California`s firm-level agency for coordinating California`s labor programs. LWDA`s website provides employee-centric information that summarizes many of California`s benefits and information for employees impacted by COVID-19. www.labor.ca.gov/coronavirus2019/ A. Medical investigations are generally not recommended. You can inform employees of general guidelines about who is considered high-risk (people 65 and older (some state and local levels say 60 and older) and people with certain underlying medical conditions) and tell them that if they are in a high-risk group, they can let you know so they can get a leave of absence or a telework arrangement can be developed. The EEOC held its meeting on September 18.

Released March 2020 guidelines that allow employers to ask employees who become ill if those employees have symptoms of COVID-19 such as fever, chills, cough, shortness of breath and/or sore throat.