Bass, Berry & Sims has provided updated guidance on the employment-related provisions of the Families First Coronavirus Response Act (FFCRA) and answers to some frequently asked questions regarding the FFCRA regarding providing Emergency Paid Sick Leave (EPSL) and Emergency Family and Medical Leave Act (EFMLA) benefits under the Act. This guidance includes answers to some
Employers’ obligations will become effective no later than April 2, 2020. Get the information you need to know regarding the following aspects of the Act:
- Emergency Paid Sick Leave
Please note that the content below was posted on March 19, 2020. We have since provided updated guidance on the topics discussed in this post here.
On Wednesday, March 18, 2020, President Trump signed the Families First Coronavirus Response Act into law. The final version of the law contains significant revisions to the bill that was passed by the U.S. House of Representatives on Saturday, March 14, 2020.
Employers’ obligations will become effective no later than April 2, 2020. A summary of the employment-related provisions and answers to some frequently asked questions regarding the Act are provided below.
On March 23 from 12 p.m. – 1 p.m. CT, we will host a webinar titled “Employer Obligations Under the Families First Coronavirus Response Act”.
Please register here and join us as we discuss the latest guidance for employers and answer your frequently asked questions.
Emergency Paid Sick Leave Act
Employers must provide paid sick time to employees who are unable to work (or telework) for the following purposes through December 31, 2020:
- The employee is subject to a federal, state, or local quarantine order related to COVID-19.
- The employee has been advised by a healthcare provider to self-quarantine due to COVID-19 concerns.
- The employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis.
- The employee is caring for an individual who is subject to an order described in (1) above or has been advised as described in (2) above.
- The employee is caring for a child if the school or place of care has been closed or the child care provider of such child is unavailable due to COVID-19 precautions.
- The employee is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services in consultation with the Secretary of the Treasury and the Secretary of Labor.
On Saturday, March 14, 2020, the U.S. House of Representatives passed the Families First Coronavirus Response Act. The Act is expected to be voted on by the U.S. Senate, and signed by President Trump early this week.
There are two different versions of the bill that are being circulated, but both versions contain extended FMLA…
As the number of confirmed 2019 novel coronavirus (COVID-19) cases continues to rise across the country and around the world, employers are looking for guidance regarding how they should react to the potential for spread of the virus. Several government agencies have responded to this demand. Bass, Berry & Sims’ labor & employment attorneys have…
We are excited to be presenting a CLE webinar titled, “An Employer’s Obligations in the ADA Interactive Process” on February 11.
This 60-minute webinar will examine employers’ obligations within the interactive process, including how to recognize qualifying accommodation requests, what information an employer should request and be provided, and the process of exploring accommodation options…
Join us for a complimentary seminar where we will review a broad range of topics pertaining to significant legislative and regulatory actions and court decisions that occurred in the area of employment law over the past year.
7:00 a.m. – 7:30 a.m. Registration and Breakfast
7:30 a.m. – 8:30 a.m. Program
Topics will include:
Managing an employee who is struggling with alcoholism or substance use disorder can be challenging for employers. While both conditions could be protected under the Americans with Disabilities Act Amendments Act (ADAAA), there are differences in how each condition is treated under the law.
Understanding these differences is essential for any HR professional in implementing a plan after discovering that an employee’s work performance or ability to work is being affected by alcoholism or substance use.
7:30 a.m. – 8:00 a.m. Registration and Breakfast
8:00 a.m. – 10:00 a.m. Program
Our panels will cover a broad range of topics, including:
Title I of the Americans with Disabilities Act (ADA) prohibits employment discrimination on the basis of a disability and requires employers engage in an interactive process and provide reasonable accommodations. A failure to do so may result in liability.
The ADA requires employers to provide reasonable accommodations to qualified applicants or employees. A “reasonable accommodation” is defined as assistance or a change to a position or workplace that accommodates employees with disabilities so they can do the job without causing the employer undue hardship, such as too much difficulty or expense.
Use the Interactive Process to Determine Reasonable Accommodation
In order to determine the appropriate reasonable accommodation, employers and employees must engage in the interactive process, which requires communication and good-faith exploration of possible accommodations. An employer that acts in bad faith in the interactive process may be liable if it can be reasonably concluded that the employee would have been able to perform the job with a reasonable accommodation.
It’s a two-way street: an employee must also make a good faith effort to comply with any of the employer’s reasonable requests.