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The COVID-19 pandemic has been tough on employers and workers alike, but the end may be in sight with vaccine availability ramping up. After a year of restrictions and uncertainty, getting back to ‘normal’ is just the shot in the arm we need, but there are still many questions that need to be answered.
In this webinar, Sara Jodka (Columbus), Jeff Beemer (Nashville), and Christy Mcdonald (Grand Rapids) discussed the American Rescue Plan (ARP), the future of remote work, vaccine policies, and employer’s liability, and how these issues affect both employers and employees.
The webinar is available for on-demand viewing with registration. The highlights include:
The American Rescue Plan (ARP):
• This act enables employers to voluntarily provide Emergency Paid Sick Leave (EPSL) and Emergency Family Medical Leave (EFMLA) to employees through September 20, 2021.
o Employers do not have to offer both ESPLA and EFMLA – they can choose to offer one option.
o Employers may voluntarily fill the 80 hours of EPSL.
o Employers may obtain tax credits for additional leave employees take between April 1, 2021 through September 30, 2021.
• The ARP also extends unemployment benefits from the normal 26 weeks to 79 weeks total and extends COBRA until September 30, 2021.
Remote Work – Is it Here to Stay?
Studies show employers and employees view remote work differently.
• 68% of employers anticipate their employees will return once restrictions are lifted.
• 66% of employees are interested in continuing working remotely at least several days a month after the pandemic.
How will you broach the topic with your employees?
• Understand your specific legal requirements as federal, state, and local laws differ:
o Mask Mandates, social distancing requirements, and other precautions.
o Emergency rules prohibiting in-person work on activities that can be completed remotely.
• Consider your business needs, including:
o Technology capabilities – what equipment will your employees need to succeed?
o Public health guidance and safety preferences.
o Stakeholder preferences – boards, executives, supervisors, employees, customers, etc.
Vaccination Policies – What Approach Will You Take?
• No policy.
• Provide education on the benefits and safety of vaccinations and encourage employees to receive them.
• Make vaccinations available at no cost to the employee.
• Provide incentives – time off work, cash, or non-cash gifts.
• Make vaccinations mandatory:
o Must allow for religious and ADA (Americans with Disabilities Act) accommodations.
o Allow general opt-out.
Employer’s Liability: What You Need to Know
Can an employee or a third-party visitor sue a company for contracting COVID-19?
• Employers normally are shielded from tort liability for workplace injuries and occupational diseases.
• In general, workers’ compensation does not cover routine, community spread illness because it is difficult to prove that an employee contracted the illness in the workplace.
• At least 17 states have extended workers’ compensation coverage to include COVID-19 as a work-related illness.
• Individuals, businesses, governmental entities, education institutions, and non-profits are protected from liability – provided that they comply with “all federal, state, and local statutes, rules, regulations, executive orders, and agency orders related to COVID-19.”
In this webinar, Sara Jodka (Columbus), Jeff Beemer (Nashville), and Christy Mcdonald (Grand Rapids) discussed the American Rescue Plan (ARP), the future of remote work, vaccine policies, and employer’s liability, and how these issues affect both employers and employees.
The webinar is available for on-demand viewing with registration. The highlights include:
The American Rescue Plan (ARP):
• This act enables employers to voluntarily provide Emergency Paid Sick Leave (EPSL) and Emergency Family Medical Leave (EFMLA) to employees through September 20, 2021.
o Employers do not have to offer both ESPLA and EFMLA – they can choose to offer one option.
o Employers may voluntarily fill the 80 hours of EPSL.
o Employers may obtain tax credits for additional leave employees take between April 1, 2021 through September 30, 2021.
• The ARP also extends unemployment benefits from the normal 26 weeks to 79 weeks total and extends COBRA until September 30, 2021.
Remote Work – Is it Here to Stay?
Studies show employers and employees view remote work differently.
• 68% of employers anticipate their employees will return once restrictions are lifted.
• 66% of employees are interested in continuing working remotely at least several days a month after the pandemic.
How will you broach the topic with your employees?
• Understand your specific legal requirements as federal, state, and local laws differ:
o Mask Mandates, social distancing requirements, and other precautions.
o Emergency rules prohibiting in-person work on activities that can be completed remotely.
• Consider your business needs, including:
o Technology capabilities – what equipment will your employees need to succeed?
o Public health guidance and safety preferences.
o Stakeholder preferences – boards, executives, supervisors, employees, customers, etc.
Vaccination Policies – What Approach Will You Take?
• No policy.
• Provide education on the benefits and safety of vaccinations and encourage employees to receive them.
• Make vaccinations available at no cost to the employee.
• Provide incentives – time off work, cash, or non-cash gifts.
• Make vaccinations mandatory:
o Must allow for religious and ADA (Americans with Disabilities Act) accommodations.
o Allow general opt-out.
Employer’s Liability: What You Need to Know
Can an employee or a third-party visitor sue a company for contracting COVID-19?
• Employers normally are shielded from tort liability for workplace injuries and occupational diseases.
• In general, workers’ compensation does not cover routine, community spread illness because it is difficult to prove that an employee contracted the illness in the workplace.
• At least 17 states have extended workers’ compensation coverage to include COVID-19 as a work-related illness.
• Individuals, businesses, governmental entities, education institutions, and non-profits are protected from liability – provided that they comply with “all federal, state, and local statutes, rules, regulations, executive orders, and agency orders related to COVID-19.”
