Practical Guidance for Employers Handling the Coronavirus

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Essential Guidance for Employers Navigating COVID-19 Challenges

We know there is a lot of information (and misinformation) out there about the Coronavirus, officially named COVID-19, and how to handle the HR challenges that it is causing in the workplace. Our goal is to provide you with guidance on how to handle this as an employer — practical solutions for the impact the Coronavirus may have on your business.

We will continue to update this guidance as news changes, and in response to questions we receive from our members. Please bookmark this page to keep up-to-date on the latest HR guidance.

Table of Contents

1. Reopening Your Practice After COVID-19

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2. Federal Coronavirus Relief & Legislative Guidance

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3. Office Closures, Staff Furloughs, & Layoffs

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4. If Your Employees Are Still Working

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5. Unemployment Guidance

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6. PTO, Vacation, & Sick Leave Guidance

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7. Resources in Your State

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8. Links to General Info and Guidance on Coronavirus / COVID-19

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9. Additional Resources for Employers & Healthcare Professionals

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Back to “normal”

Reopening Your Practice After COVID-19

As states continue to reopen their economies, employers are trying to figure out what it’s going to take to get back to “normal.”

Because this is a much more complicated subject than can be covered in brief on this page, we’ve actually built two entirely new resource page dedicated to this subject.

Read “How to Reopen Your Business After Coronavirus.”

Read “How to Handle Common COVID Concerns in Your Office.”

We’ve also opened access to our HR Vault document storage and sharing software. Sign up and use that program free for the life of your business. We’ve even preloaded those accounts with valuable Rehire and Reopen Documents.

Unlock Your Free HR Vault Now

Federal Coronavirus Relief & Legislative Guidance

The Families First Coronavirus Response Act (FFCRA) was the first piece of emergency legislation passed by the federal government in response to the global outbreak of coronavirus/COVID-19.

You can read additional guidance and answers to specific questions in this post: Families First Coronavirus Response Act Guidance and FAQ.

  • Available Benefits Include:
    • Up to 12 weeks of paid Family Medical Leave for those caring for a child who is home from school.
    • 2 weeks of Paid Sick Time for those diagnosed with or quarantined as a result of coronavirus.
    • Tax credits for employers paying emergency benefits.
  • Employers can receive a dollar-for-dollar tax credit for any leave payments made to employees under this law (including the cost of covering their health insurance premiums during leave). The IRS has implemented a system for prompt payment of tax credits.
  • Employees who have been temporarily furloughed due to an office closure or lack of work are not entitled to paid leave benefits under this law — they should seek unemployment benefits.
  • The legislation only applies to certain coronavirus related absences; not to lack of work due to business closure.
  • The law applies to all US employers with fewer than 500 employees.
  • Only specific employees who are sick/quarantined, caring for a sick/quarantined family member or a child whose school is closed are eligible for paid time off under the law. All other employees who experience lack of work due to the virus are eligible for unemployment, but not employer-sponsored paid time off under this law.
  • Small businesses with fewer than 50 employees may qualify for an exemption from some of the requirements under the law.
  • Certain Healthcare provider and emergency response employees may be exempted from paid sick leave requirements.

Employers are required to provide notice to employees about this law.

Read More Families First Coronavirus Response Act Guidance and FAQ

The federal government has passed the ‘third phase’ of emergency legislation, called the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), in response to the present outbreak of coronavirus/COVID-19.

The 880-page piece of legislation includes information on available SBA loans for employers, what those funds can and cannot be used for, as well as the forgivability of those loans.

CEDR Solutions is not able to offer guidance to employers on the subject of small business loans, so you will need to work with your CPA or bank to determine your business’ best course of action with respect to the CARES Act.

Still, we’ve provided a brief summary of the legislation and how it applies to your business on our blog.

Click Here to Read the CARES Act/PPP Loan Blog

The federal government has extended the availability of unemployment benefits to cover many individuals who would not otherwise have coverage during the current pandemic. This includes coverage for parents who have to take care of children, coverage for the self-employed, coverage for individuals who have yet to start a new job, and more. Read the full blog for details.

Click Here to Read About Expanded Unemployment Benefits

If your state has any type of a paid family or medical leave program, it’s likely that employees can receive benefits from that program if they or a family member is ill or quarantined due to the coronavirus.

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The documents you need to rehire your team are already in your HR Vault.

Get free access for the life of your business!

Office Closures, Staff Furloughs, & Layoffs

What if the office needs to close?

As a result of the outbreak of COVID-19, the majority of our members were forced to temporarily close their offices. And, as the virus continues to surge, many are worried they may have to close again.

If you are facing a temporary closure due to potential exposure or government mandate, if feasible and practical, employees should be authorized to work from home.

Obviously healthcare providers can’t see patients this way, but at minimum you may have administrative tasks such as billing, insurance, and fielding phone calls, that can be set up remotely for a period of time.

If Your Employees Are Still Working

If your office is currently open and you have questions about possible COVID exposure, employee travel, emergency leave, or paying employees when they are not working, check our newest coronavirus resource page:

Read “How to Handle COVID Exposure in Your Office”

If you have salaried employees who are working but have reduced hours, then your pay obligation depends on whether they are exempt or nonexempt.

If they are exempt salaried employees (typically a high level manager, not eligible for OT), then they need to be paid their full regular salary if they perform any work during a workweek when you are closed. However if you know that hours will be significantly reduced for some time, you can move them into non-exempt hourly status.

Download a free Template ‘Exempt-to-Non-Exempt’ Letter

If they are salaried but still non-exempt (clock hours, get OT), then you are only legally obligated to pay them for hours actually worked so you can also switch them to hourly or prorate their salaries.

Download a free Template ‘Salary-to-Hourly- Letter

We have received several requests from our members for an employee consent or waiver form for employees who are continuing to work in the office during this pandemic. It is our position that that type of document is not a great idea, could create liability, and is ineffective. We are not providing this form to anyone, but we are seeing that there are some floating out there coming from other sources.

Here is a video explanation on this topic from Grace Godlasky, our Solution Center Manager.

Though we have a heightened issue in our workplaces, we would advise you not to depart from the basics when it comes to a safe workplace. Here’s why:

  • An employee cannot waive their rights to a safe workplace. It is your responsibility to keep them safe.
  • An employee cannot release you from liability under employment laws or OSHA regulations.
  • A consent form may be used later to imply that employees are less safe in the workplace than they are in the general population. Or it could send a signal that you are not able to understand or follow CDC guidelines and were aware of this fact in advance.
  • A consent form may also imply that employees are not entitled to file a claim for worker’s compensation or file an OSHA complaint — both of which are protected activity under public policy.

We believe that, as long as you are following your professional association and CDC guidelines, and you are not performing procedures outside of those guidelines, your worker’s compensation insurance is your best protection.

We also encourage you to remind your employees each and every day of the CDC guidelines, go over protocols for seeing emergency patients, and document that you did so.

We know as we receive more information that the impact of social distancing is very important to stop the curve. Instead of directly asking employees these questions (which could inadvertently appear to be stigmatizing or possibly retaliatory), we recommend letting staff know in general that taking precautions is important to you.

If they believe they have been exposed to someone with COVID-19, are feeling sick, or are in a position where their family member might have been exposed, ask them to let you know immediately. Consider offering those employees leave, if requested. Here is guidance from the CDC for business owners.

We highly recommend reviewing the CDC’s guidance for employers. The CDC has been firmly established as a go-to reference for coronavirus preparation and facts. OSHA guidelines are also very informative for employers on this issue, particularly in the healthcare field.

    • Remind all employees to wash their hands thoroughly and frequently, and to cover their nose with the inside of their elbow when they sneeze. The CDC has educational materials about basic safeguards that may want to distribute or hang up in the office.
    • Make sure each employee has hand sanitizer readily available, and remind them to actually use it!
    • Make sure each employee has disinfectant wipes easily available so they can clean their workstation at the end of each day (keyboard, phone headsets, light switches, etc.) You may also want to add regular wipe downs of things like doors and railings as a part of your routine.
    • Make sure employees are strictly following all clinical sanitation/cleaning protocols in accordance with existing OSHA standards. We recommend checking for any updates from OSHA on a regular basis.
    • Check in with janitorial staff about what they clean to fill in any gaps as needed, e.g. sanitizing door knobs and push plates on doors, cleaning the chairs in the waiting room, etc.

These may seem like you’re simply covering the basics, but for now reinforcing healthy measures is the best thing you can do.

We know that having even one employee out of the office can put a strain on the rest of the team. But coming into work sick can result in the rest of your staff, and even your patients/customers, getting sick as well.

So, while we’re in the flu season and facing the unknowns of the coronavirus, you may want to err on the safe side and encourage staff to stay home if they are getting sick, have come into contact with someone with the virus, or need to care for a sick family member.

Unfortunately, despite any preventative measures you take you could still end up with a lot of sick staff or even having to shut down the office. Do yourself a favor and take some time now to plan for how you would handle that should it come up. Perhaps put together a flow chart that identifies the essential functions of each position and who would take over those functions should the primary person need to stay at home and can’t work.

If you’re thinking this is extreme, keep in mind that you never know what might happen to your business – fires, floods, hurricanes, earthquakes, tornadoes, public health issues, and more are all real things that happen to real businesses. Every business owner should have some form of a contingency plan in place so that you’re not caught completely unprepared. Your team will be looking to you for answers, and your patients and customers will be wanting to know what you’re doing.

  • Determine essential items that need to get done, even if you are short staffed or the business is shut down. Paying bills, getting the mail, contacting vendors, patients, clients, etc. all needs to happen. List out those tasks, and who would be responsible for each of them.
  • Plan for staff coverage. For example, if Team Member A is out, then Team Member B will step in to cover that department or essential tasks.
  • Plan for how clients/patients will be notified if you need to reschedule appointments.
  • Determine what work can be done remotely, and by who, and what equipment they will need. Remember that remote employees must still follow HIPAA protocols for accessing and securing access to PHI.

We recommend a scheduled daily check in with your team. Here at CEDR, we are all working remotely for the foreseeable future. Our leadership team has a video conference several times a week to to discuss any updates about how we want to operate internally and how we are advising our members. Our managers check in with each member of their team on a regular basis to help keep them engaged.

Finally, communicate to your team that you are keeping your eye on this and taking extra precautions. Encourage them to come to you with concerns, and with any ideas they may have. The goal here is to be prepared with preventative measures, and ensure your team feels supported and looked after.

Since CEDR is an HR company, we are only addressing the business impact of COVID-19 on you as an employer. We work with hundreds of employers in the healthcare industry, so we know that there are related concerns that go beyond your employees. That does get outside the scope of our expertise, so we recommend seeking separate guidance on those topics. To get you started, here are some resources that may be useful to your business:

Store and share documents. Collect digital signatures. Reopen your practice the smart way

Unemployment Guidance

As you probably know, there has been a nationwide rush to collect unemployment as millions of employees now find themselves out of work due to the current outbreak of novel coronavirus. 

As a result, we’ve received numerous questions about who qualifies for UI benefits, how benefit eligibility has been altered on a state-by-state basis, and where to go to apply for those benefits.

To make it easy to find answers to these questions quickly, we’ve created a PDF with guidance on emergency UI updates and eligibility for all 50 states. Download that document using the link below.

Click Here to Download the State Unemployment Update PDF

If an employee is applying for unemployment, either because they are not working or because of significantly reduced hours, they apply for UI in the state where they live.

If your business pays you as an employee and your pay runs through payroll taxes, then you may be eligible. Your CPA may have more specifics on this for you based on your pay set up.

Unemployment eligibility will be determined by the state, using a number of factors. If any employee has reduced hours or is not receiving hours, they should apply for unemployment.

Employees can receive unemployment if they are not working at all, and if they have significantly reduced hours. Their eligibility and amount of benefits is determined by the state. If they are receiving income from you, they will need to report it, and the state will determine if that adjusts the amount of UI they receive.

Each state has their own formula for  determining UI benefit eligibility and amounts. We aren’t able to determine those amounts for you.

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Key Leave Policies Explained

PTO, Vacation, & Sick Leave Guidance

Do I have to let my employees use PTO while my business is closed?

It is generally up to you whether you allow employees to use their PTO, vacation, or sick time during a closure. Note that if your state, city, or county has a mandatory sick pay law, then you may need to allow employees to use their sick hours upon request.

If, however, you are telling them this is an official layoff, they are being separated from employment, and they may be rehired later, then you need to follow your state law and written policies about whether unused paid time off is cashed out.

Click Here to Download CEDR’s Final Pay Guide for All 50 States

Do my employees have to use PTO before they can collect unemployment?

Each state determines eligibility criteria for unemployment, including whether any accrued paid time off benefits need to be used before receiving benefits. We are not expecting states to require this of employers who are only temporarily closing or reducing hours but, again, this is up to each state.

Resources in Your State

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CEDR Resources

Links to General Info and Guidance on Coronavirus/COVID-19

General Guidance for Employers:

Guidance for Healthcare Professionals

Your free rehire checklist is in your HR Vault

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Ongoing Updates and Support

Contact us for more information

We will continue to update this guidance as news changes, and in response to questions we receive from our members. Please bookmark this page to keep up-to-date on the latest HR guidance.

If you would like to submit a question related to how the current coronavirus outbreak affects your business, please send it to support@cedrsolutions.com

For media inquiries, or to schedule an interview with CEO Paul Edwards and/or other CEDR Solutions representatives, send an email with the subject line “Media Inquiry” to press@cedrsolutions.com.

Post updated July 23, 2020. Originally published March 3, 2020.

A blog by CEDR, written by HR Experts to help you run your practice.