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Coronavirus: UK Job Retention Scheme – what we know so far from the UK government’s 20 March 2020 announcement

Summary

As an update to our earlier blog “Coronavirus – UK job retention scheme”, we have analysed the Retention Scheme announced by the UK government on 20 March 2020, based on the information released so far.

 

Analysis of the Coronavirus Job Retention Scheme (as at 20 March 2020) >

Families First Coronavirus Response Act: Emergency Family and Medical Leave Provisions (Part 2 of 2)

On March 18, 2020, President Trump signed into law the Families First Coronavirus Response Act (the “FFCRA or Act”).  The FFCRA provides for two types of leave for employees:  Paid Sick Leave (up to 80 hours) and Emergency Family and Medical Leave (up to 12 weeks of combined paid and unpaid leave).  This post is part 2 of 2 summarizing the requirements of the FFCRA and focuses on Emergency Family and Medical Leave.

  • Scope: Unlike the paid sick leave provisions of the FFCRA, the emergency family and medical leave provisions are not standalone law.  Rather, these provisions amend the Family and Medical Leave Act (“FMLA”), thus providing for “Emergency FMLA” leave.  However, the amendments (such as the changed definition of Covered Employer and Eligible Employee) apply only to Emergency FMLA provisions and do not amend the pre-existing provisions of the FMLA.
  • Effective Dates: The Act will become effective no later than April 2, 2020 and expire on December 31, 2020.
  • Covered Employer: Anyone who has fewer than 500 employees[1] and otherwise satisfies the elements of the definition of “Employer” under the FMLA.[2]
    • EXCEPTIONS:
      • DOL may issue guidance excluding employers with fewer than 50 employees from the requirement to provide Emergency FMLA, if the Emergency FMLA would “jeopardize the viability of the business as a going concern.”
      • Regardless of whether such guidance is issued, employers with fewer than 50 employees will not be subject to an FMLA action by employees for failing to provide

Families First Coronavirus Response Act: Paid Sick Leave Provisions (Part 1 of 2)

On March 18, 2020, President Trump signed into law the Families First Coronavirus Response Act (the “FFCRA or Act”).  The FFCRA provides for two types of leave for employees:  Paid Sick Leave (up to 80 hours) and Emergency Family and Medical Leave (up to 12 weeks with a combination of paid and unpaid leave).  This post is part 1 of 2 summarizing the requirements of the FFCRA and focuses on Paid Sick Leave. 

  • Effective Dates: The Act will become effective no later than April 2, 2020 and expire on December 31, 2020.
  • Department of Labor (“DOL”) Obligations: Must issue a “Model Notice” for employers to post within 7 days of enactment and guidance within 15 days of enactment.
  • Covered Employer – Anyone engaged in commerce with fewer than 500 employees,[1] as defined under the Fair Labor Standards Act (“FLSA”).
    • EXCEPTION – The DOL may issue guidance excluding employers with fewer than 50 employees from the paid leave requirements of the Act if the paid sick leave would “jeopardize the viability of the business as a going concern.”
  • Eligible Employees – All employees (as defined under the FLSA), regardless of length of employment, and regardless of whether full-time or part-time.
    • EXCEPTION: If an employee is a healthcare provider or an emergency responder, the employer may choose not to provide paid sick leave to those employees.  (The DOL may issue guidance on this point.)
  • Affirmative Requirements for Employers under the Act:

COVID-19 / Coronavirus: HR frequently asked questions in multiple jurisdictions

Summary

We understand that our clients and contacts will be addressing complex COVID-19 related HR issues in multiple jurisdictions. BCLP, together with our local counsel friends, have produced a global Q&A document covering 35 jurisdictions.

Please download our global Q&A document here.

The document covers the following questions:

  • What if an employee refuses to attend work due to fear of the coronavirus?
  • What if an employee refuses to undertake work travel to an ‘at risk’ area?
  • Can an employee be stopped from holidaying to an ‘at risk’ area?
  • If an employee is off sick due to the coronavirus are they entitled to sick pay?
  • What should we do if someone suffering from the coronavirus comes into the workplace?
  • What if the workplace needs to be closed?
  • Can an employee be required by their employer to ‘self-isolate’?
  • What physical measures should employers be taking?
  • How should employers deal with discriminatory behaviours?

If you have any questions that we have not covered, please contact any member of the team and we could be happy to help.

COVID-19: FMLA Reminders and Recommendations

March 18, 2020

Categories

As employers navigate the implications of COVID-19 and the workplace, one of the subjects to keep in mind is the federal Family and Medical Leave Act (FMLA).  Employers should be aware that currently pending legislation would temporarily amend the FMLA to, among other things, change the scope of the employers covered by the FMLA (with respect to the new provisions), expand eligibility in certain respects, and provide certain paid leave obligations in light of the novel coronavirus (COVID-19).  If that legislation becomes law, employers are encouraged to consult legal counsel to assess what, if any, new obligations they may have.

In the meantime, this post is intended to provide employers with reminders and recommendations for complying with the current version of the FMLA. In addition to reviewing this post, employers should review the FMLA guidance issued recently by the U.S. Department of Labor (DOL):  https://www.dol.gov/agencies/whd/fmla/pandemic.

Eligibility:  Resist the urge to make FMLA available for everyone regardless of eligibility status.

  • While making FMLA leave available to all may seem generous, the DOL has emphasized that it is not permissible to count leave against an employee’s 12-week FMLA entitlement if the employee is not yet eligible for leave (i.e., has not worked for the employer for 12 months, has not worked 1,250 hours in the 12 months before the leave is to begin, or does not work at a location with 50 employees in a 75 mile radius).
  • Rather than providing “FMLA leave” to an employee who is not yet

The Families First Coronavirus Response Act May Bring (Slightly Modified) Paid Leave to Employees Working For Employers With Fewer Than 500 Employees And To Government Employers

March 18, 2020

Categories

With the novel coronavirus (“COVID-19”) continuing to spread across the country, the U.S. House of Representatives (“House”) voted in the early hours of March 14, 2020 to provide emergency relief to Americans through the Families First Coronavirus Response Act (the “Act”).  While the Act has not yet become law – it must still be passed by the U.S. Senate and signed by President Donald Trump – it is already getting a great deal of attention.

The version of the Act that the House first adopted on March 14th included a variety of resources and benefits, including emergency paid sick leave and emergency paid family and medical leave, for which the Act provides covered employers with a tax credit.  Just two days later, however, on March 16, 2020, the House voted to trim back some of these benefits with respect to emergency paid family and medical leave.

Below is a summary of the latest version of the Act’s highlights for employers; however, employers should note that if the Act becomes law, the emergency paid leave provisions described below will generally only apply to private employers with fewer than 500 employees and to government employers.

In addition, employers should also note that if the Act becomes law, it will take effect 15 days after President Trump’s execution of the law and will remain effective until December 31, 2020.

Emergency Paid Sick Leave

  • Under the Act, full-time employees will immediately become entitled to up to 80 hours of emergency paid leave

Coronavirus – Top 5 HR tips for UK employers

Summary

The outbreak of the coronavirus has created real challenges for businesses. From a people perspective, employers need to bear in mind both employment law and health and safety obligations.

Our top 5 HR tips are:

  • Restrict non-essential travel to high risk areas – for example, many UK employers at present operate a very restrictive policy on travel to mainland China, and strongly discourage non-essential travel to Asia in general.
  • Quarantine staff who have returned from specified infected zones for a period – for example, require staff to work remotely from home for a 14 day period following their return. If the nature of their role means they are unable to work remotely, the general principle is that employees who are ready and willing to work are entitled to continue to be paid. Note however that an employer’s obligations in this regard depend on the actual contractual employment terms in place.
  • Deal appropriately and sensitively with staff who refuse to come to work for fear of infection – employers should listen to concerns staff may have and look to resolve genuine issues constructively. Ultimately, however, employers are entitled to discipline staff who refuse to obey a reasonable management instruction to come to work.
  • Minimise disease transmission within the office – remind staff to maintain hygiene standards, and consider installing hygiene facilities such as hand sanitisers at exit and entry points and enhancing existing office cleaning services.
  • Deal with discriminatory behaviours – monitor complaints or grievances which could indicate discriminatory behaviour towards employees of Asian origin.
  • For more information

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