| Special #84 March 2, 2021 |
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HR and Employment Law News |
| HRdive.com Article -
5 FMLA certification questions on coronavirus answered
As decisions are being made at the federal level, HR practitioners continue to seek guidance on FMLA certification procedures.
AUTHOR Sheryl Estrada @SherylEstrada
PUBLISHED March 1, 2021
Certifications for Family and Medical Leave Act (FMLA) leave continue to challenge employers in all industries, especially as the coronavirus pandemic continues, according to the Disability Management Employer Coalition (DMEC).
The FMLA provides eligible employees up to 12 weeks of unpaid, job protected leave in a 12-month period in which they are unable to work due to serious health conditions or because they are a caregiver for a family member with a serious health condition.
The Biden administration will most likely increase enforcement of FMLA leave administration procedures through both on-site and virtual investigations, Ellen McLaughlin, a partner at Seyfarth Shaw, said during a Jan. 27 National Employment Law Institute webinar, HR Dive previously reported. President Joe Biden tweeted Feb. 4 that the FMLA has helped many Americans "but it leaves far too many people forced to choose between a paycheck and caregiving." Biden has advocated for a national paid family and medical leave program.
As decisions are being made at the federal level, HR practitioners continue to seek guidance on FMLA certification procedures. In a webinar hosted by DMEC Feb. 4, Bryon Bass, senior vice president of workforce absence at Sedgwick, shared answers to many questions posed by HR practitioners during DMEC's 2020 webinar on FMLA. Here are the answers to five pressing questions that can assist HR amid the pandemic. Read more @ HRdive.com >>
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| | Constangy.com Blog - COVID quiz 2021!BY ROBIN SHEA ON 2.26.21
POSTED IN CORONAVIRUS, INDEPENDENT CONTRACTOR, POLITICS, QUIZ, UNEMPLOYMENT, VACCINATIONVaccines, unemployment, and more!
I had a COVID return-to-work quiz back in May, but a lot has changed since then, so I thought it might be fun to do an updated version. So . . .
How much do you know about COVID in the workplace in 2021? Take our quiz and find out! As always, the answers will appear immediately below each question, so you can cheat all you want, and we'll be none the wiser. And if you make it all the way to the end, there will be a special gift, selected especially for you.
Ready? Here we go!
No. 1: Pharmaceutical manufacturer Disease Control Corporation has a small facility in a town that has really gone overboard on COVID precautions. A town ordinance requires people to wear five face masks at a time, and to social distance from each other at 1,000 feet. DCC considers the ordinance unworkable but fully complies with the latest guidance from the Centers for Disease Control and Prevention.
After a layoff, DCC calls back several contractors. Lulabelle refuses to come back to work because DCC is not in compliance with the town ordinance. Then she files for unemployment. DCC contests her claim on the ground that it is fully compliant with CDC guidance. Based on the latest word on unemployment from the U.S. Department of Labor, who wins the unemployment case?
A. DCC, because work was available, and DCC followed the CDC.
B. DCC, because Lulabelle is obviously a fruitcake.
C. Lulabelle, because DCC didn't comply with the town ordinance.
D. Lulabelle, because unemployment laws are hopelessly skewed in favor of employees and an employer just can't get a break.
ANSWER: C. (D may also be correct.) Just yesterday, the DOL issued new guidance saying that individuals filing for Pandemic Unemployment Assistance will be retroactively eligible for benefits if they refused available work because the employer did not comply with COVID-related federal, state, or local regulations. PUA benefits apply to self-employed individuals, gig workers, and independent contractors, as well as people who have already exhausted their "regular" unemployment benefits.
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| | | ¶45,658 Unemployment expanded to include refusal to work due to COVID-19 health and safety issues — FEDERAL NEWS,
(Mar. 1, 2021) from GEA HR Answers Now
In response to a directive from President Biden, the Labor Department has issued new guidance to state unemployment insurance agencies that expands the number of instances in which workers may be eligible for Pandemic Unemployment Assistance (PUA) related to COVID-19 workplace health and safety issues.
More workers eligible. The new guidance expands eligibility to three categories of workers:
- Workers receiving unemployment benefits who had their continued regular unemployment benefits’ claims denied after they refused to work or accept an offer of work at a worksite not in compliance with coronavirus health and safety standards.
- Workers laid off, or who have had their work hours reduced, as a direct result of the pandemic.
- School employees working without a contract or reasonable assurance of continued employment who face reduced paychecks and no assurance of continued pay when schools are closed due to coronavirus.
Retroactive benefits. These new coronavirus-related reasons are retroactive, meaning that they apply as if they had been included from the beginning of the PUA program.
However, individuals filing their first initial PUA claim after December 27, 2020, are limited to weeks of unemployment beginning on or after December 6, 2020. Individuals must self-certify that they are unemployed, or unable or unavailable to work because of identified coronavirus-related reasons during the applicable time period.
Likely available at the end of March. The DOL explained that implementing the expansion of benefits and applying them retroactively will take substantial work and time for state workforce agencies. The DOL thus anticipates that the earliest the expanded eligibility will be available is the end of March. However, those who are eligible should be able to receive the benefits paid retroactive to their date of eligibility.
Additional funding. In support of the new guidance, the DOL will provide funding to state systems in order to make necessary changes, as well as time to update their systems to enable retroactive payment of PUA to eligible claimants.
Notably, PUA is 100-percent federally funded, although it is administered by state agencies on behalf of the DOL’s Employment and Training Administration.
UI Program. The Unemployment Insurance Program is a federal/state partnership, with states responsible for accepting, processing, and paying claims. The DOL said that states now have sufficient federal guidance to pay PUA claims related to unsafe working conditions. All eligibility questions should be directed to state employment agencies.
"Our nation cannot afford to continue compounding the already-devastating effects of the ongoing pandemic-related economic crisis by leaving workers destitute and living in fear for their health and their lives," Senior Advisor to the Secretary of Labor Patricia Smith said in a release. "Today’s guidance opens the door to relief for workers who have faced difficult, if not impossible, choices between accepting employment in an unsafe workplace to receive a steady source of income, and protecting their health and that of their loved ones."
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HRdive.com Opinion: Receiving a DOL compliance audit? Keep these 5 tips in mind.
An audit won't make your day, but it also doesn't have to ruin it, writes Matt Nusbaum, director of the BCG Institute for Workforce Development.
AUTHOR Matt Nusbaum PUBLISHED Feb. 25, 2021
Matt Nusbaum is the director of the BCG Institute for Workforce Development (BCGi). Views are the author's own.
U.S. Department of Labor (DOL) compliance audit site visits are the business equivalent of a root canal. No one looks forward to them. People want to delay them as long as possible. And waiting to see how they turn out can be excruciating.
While many audit elements can feel beyond your control, it's still possible to be proactive in the compliance audit process and take charge of what you can. The most successful DOL audit cases are those in which employers take pragmatic stances throughout the process and play an active role from beginning to end.
This starts with ensuring that you're fully — not just technically — compliant. Many federal contractors, for example, mistakenly assume it's enough to have basic EEO/Affirmative action elements in place. Posting a policy in the break room is just the beginning of what's required for compliance, though. Compliance officers are looking to see the extent to which the policy on the poster is being followed and lived out in the company. Consequently, you'll want to make sure reality aligns with regulations. Announcements, verbiage and internal principles should all exemplify active compliance — not just follow the letter of the law. Read more @ HRdive.com >>
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Executive Search & Recruiting Service
Due to member need, the GEA has partnered with The Focus Group to offer – at a discounted fee for member companies
This service has assisted member companies in filling their executive, managerial, supervisory, and technical professional openings - through contingency and retained searches.
Please contact Buddy McGhee to discuss how this service can satisfy your specific recruiting needs.
Buddy McGhee, Executive Director GEA
Email: director@georgiaemployers.org Phone: 478-722-8282 |
| | Upcoming Training (Click underlined text to Read more and Register)
Strategic HR Leadership Series: Virtual Workshops Customer Service Training: 2021 Customer Service Is Essential
2021 Advanced Strategic HR Leadership Series: Virtual Workshops - Developing a Succession Plan to Identify, Develop & Retain Your High Potentials March 11, 2021 9:30 am – 11:30 am
- Enhancing Your Existing or Designing a New Wage & Salary Administration Plan April 1, 2021 9:30 am – 11:30 am
- Utilizing a Proven Process When Conducting Sensitive, Internal Investigations April 29, 2021 9:30 am – 11:30 am
- Fostering a Coaching Culture Across Your Organization
May 20, 2021 9:30 am – 11:30 am - Resolving the Inevitable Organizational Conflicts by Utilizing Collaborative Methodologies June 10, 2021 9:30 am – 11:30 am
- Practical Techniques for Enhancing Employee Engagement & Your Organization’s Performance July 15, 2021 9:30 am – 11:30 am
- Employment Law Essentials with Constangy, Brooks, Smith & Prophete Attorneys Date: TBD
2021 Leadership Training Series: Virtual Workshops
Virtual Workshops
All workshops will be held from 9:00 am – 11:30 am and 1:00 pm – 3:30 pm. Materials will be provided in PDF format by email after registration. Webinars
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Georgia Employers' Association |
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