Our friends at BBSI who provide excellent HR services and support for many small businesses across the country would like to get the word out about the impact Coronavirus (COVID-19) and what programs are available during the Covid-19 Pandemic event.

 

Washington Paid Sick Leave

•  Washington State Law that mandates employers provide paid sick leave for all W2 employees
• 1 hour of paid sick leave for every 40 hours worked

Washington PFMLA

www.paidleave.wa.gov

• 2019 Washington Paid Family Leave Act
• Enables employees to take paid time off from their work for qualifying events
• i.e., care of serious health condition for themselves or a family member.
• 7 day calendar waiting period
• Most scenarios regarding Covid-19 will most likely apply
• Partial wage replacement for time off
• ESD is decision-maker on any applications

FAMILIES FIRST CORONAVIRUS RESPONSE ACT (STILL UNDER PROPOSAL)

• Families First Coronavirus Response Act
• Passed the House of Representative on 03/14/2020
• Still under review with the Senate
• Has two provisions:

  • Emergency Paid Sick Leave
  • Emergency Family and Medical Leave Act

• Reimbursement through tax credits

FAMILIES FIRST CORONAVIRUS RESPONSE ACT: EMERGENCY PAID SICK LEAVE (STILL UNDER PROPOSAL)

• Emergency Paid Sick Leave
• Employers with 1-499 employees
• Any employee who works for employer is eligible

  • FT, PT, Temporary

• If employee is sick, employee is entitle to:

  • Full Time Employees - 80 hours of paid sick leave
  • Par Time Employees - Paid based on the average number of hours worked in the past 6 months prior

    • < 6 months, average number of hours based on normally
      scheduled hours on a two week period

• Qualifying Reasons - Must provide paid sick time \"to the extent the employee is unable to work or telework due to a need for leave because:

1. The employee is subject to a federal, state, or local quarantine or isolation order related to COVID-19
2. The employee has been advised by a health care provider to self quarantine due to concerns related to COVID-19
3. The employee is experiencing symptoms of COVID-19 and seeking medical diagnosis
4. The employee is caring an individual who is subject to an order of self quarantine as described above
5. The employee is caring for a son or daughter if school or child case is close/unavailable
6. The employee is experiencing any other substantially similar condition specified by HHS. (Fisher Phillips, 2020)

Benefits:

• At employee\'s regular rate of pay for reasons (1), (2), (3)
• At two-thirds regular rate of pay for reasons (4), (5), or (6)
• Capped at following levels:

  • $511 per day and $5,110 in the aggregate per person for qualifying reasons (1), (2), (3).
  • $200 per day and $2,000 in the aggregate per person for qualifying reasons (4), (5), and (6).

Exemptions:

• Healthcare providers or emergency responders may elect to exclude employees

Labor Secretary can exempt:

• Health care provider and emergency responders from the definition of \"eligible employee\"
• Exempt small business with fewer than 50 employees if leave on the basis of the leave was to take care of a child and the person taking a leave endangers the viability of the business
• As needed basis

Additional General Rules

• Sick Leave Does Not Carry Over (year-to-year)
• Employer may not require employee to find replacement
• Employee\'s option to use this leave first

Notice - Notice is being created and we will distribute 15 days after the law is enacted.

FAMILIES FIRST CORONAVIRUS RESPONSE ACT: EMERGENCY FMLA (STILL UNDER PROPOSAL)

• Employers with 1-499 employees
• Employee has to have worked for company for 30 days
• Provides 12 week of job protected leave

  • Provision - care for son or daughter under 18 yrs of age

• First 10 days unpaid (use PTO, vacation, etc.)
• After 10 days

  •  Capped at $200/ day or aggregate $10,000 per employee

• PT employees are based on average hours of work
• Similar exemptions under the Emergency Paid Sick Leave
• Employees must provide notice of leave to employer

Job Restoration:

• 25 and over - traditional restoration obligation applies
• Under 25 employees no job restoration requirements

  • The employee must have taken the E-FMLA
  • The position held must have been eliminated based on the economic conditions brought on by COVID-19
  • The employer makes reasonable efforts to restore the employee to an equivalent position

FAMILIES FIRST CORONAVIRUS RESPONSE ACT: INTERPLAY (STILL UNDER PROPOSAL)

Unclear at this moment but it can look something like this:

• Full Time employee make take E-PSL for the first 80 hours of EFMLA
• Employees may also elect to use other paid leave (e.g., sick time, vacation, etc.)
• Then potentially become eligible for EFMLA