Frequently Asked Questions
Do we have any info breaking down the Families First Coronavirus Response Act?
Yes. Please see this presentation the Hartzog Law Group prepared for NCLM. Watch the archived webinar here.
Inspect this thorough FAQ document on FFCRA:
Final FFCRA Updated.docx
See also this fact-poster on employee rights.
Where can I find an emergency employee FLMA form and paid sick leave form?
employee efmla form.pdf
employee sick leave form.pdf
EFMLA and EPSL Updated 5.xlsx
Is there any guidance on taking employees' temperatures?
See this PDF guide.
Can or should employers ask for a negative COVID-19 test or a note from a medical provider for employees to return to work?
Employers should not ask for this. Further reading.
Are employees required to use sick and/or vacation time if they are sick, traveled to an area that is considered highly contagious or need to be home due to help with childcare?
Under the Families First Coronavirus Response Act that became operational on April 2, 2020– all local government employees are eligible for Paid Sick Leave and/or Emergency Family and Medical Leave. Specific emergency responders may be excluded by the Act if the governing body votes to exclude these classes of employees. Employees that meet the criteria for COVID-19-related reasons are entitled to Paid Sick Leave and/or Emergency FMLA. Simply traveling to highly contagious area does not necessary mean the employee meets the criteria for Paid Sick Leave under the Act. For more information about FFCRA, please see the above links.
What did the governor's March 17 executive order do with regard to unemployment benefits? Five things: 1) The one-week waiting period for unemployment is eliminated; 2) the job search requirement is eliminated; 3) downsizing and certain reductions in hours due to the business impacts of the coronavirus will qualify for unemployment; 4) employees will be able to apply for unemployment online or over the telephone, versus doing so in person; ad 5) employers will not be responsible for benefits paid as a result of the coronavirus. Read the
full executive order.
We recommend employers take the following two steps to ensure employee-filed claims are identified and processed in accordance with this executive order:
- Encourage employees to mention COVID-19 in their claim when filing for unemployment as a result of the Coronavirus.
- The employer response to the claim should clearly highlight COVID-19 as the cause and ask specifically for “noncharging."
Given this new information, filing “attached worker claims" for your employees due to lay-offs associated with the Coronavirus likely does not make sense for most employers.
What do you recommend employers do in accordance with the March 17 executive order?
Encourage employees to mention COVID-19 in their claim when filing for unemployment as a result of the coronavirus. And the employer response to the claim should clearly highlight COVID-19 as the cause and ask specifically for “noncharging.” Given this new information, filing “attached worker claims” for your employees due to lay-offs associated with the coronavirus likely does not make sense for most employers.
Organizations are devising unique shift schedules, extra disinfecting practices, work-from-home options, and new office arrangements to promote social distancing at work. In addition, companies are doing their best to supplement pay or PTO should an employee be out due to the epidemic and not hold such absences as attendance points for potential disciplinary action, as recommended by the CDC.
Bills are pending which provide further protections for workers and companies. The passage of the Federal Families First Coronavirus Response Act or similar federal laws will provide further clarification on how expenses will be relieved. Updates will be provided as news comes available.
Can an employer take the temperature of the employee?
The Equal Employment Opportunity Commission (EEOC) allows for temperatures to be taken of employees during pandemics. Taking of temperatures should be designed as a mechanism to identify those employees when there is a reasonable belief that there is a direct threat to employees or public. AND the disease has to be considered present in the local community by the local health authorities. As of March 17, 20202 local health authorities declared it was present in the community.
It appears that an employer would need to screen all employees where there is a reasonable belief that there is threat to direct threat to other employees or the public. Likely, the employer could not pick just to screen police because fire/EMS (and others) have an equal direct threat. It would be helpful to have a protocol in place – everyone is tested with same type thermometer with appropriate PPE. If an employee refuses or has a temperature over 100.4, then the employee is sent home consistently. If the employee is required to use sick time, that should be the case for all employees.
Are there any sample telework policies for employers to use with employees?
Teleworking is a hot topic as health experts continue to encourage distance between or isolation among employees who don't have an immediately practical need to work in their usual group setting. To that end, consider the sample documents below in helping you create telework agreements with your employees. Please note that it is important that you have your attorney(s) review any agreements or policies before implementation.
Other Resources for Employers
How to Cope With Anxiety About Coronavirus (COVID-19)
CDC Flyers for the Workplace & Employees
