Coronavirus Update 5-11-2020: The 6th(!) set of FAQs from the DOL on the FFCRA

Consider the following scenario.

An employee has been working from home productively and without issue since the state Shelter in Place order took effect. Now, however, he is requesting paid sick leave and expanded FMLA under the FFCRA to care for his children because their school is closed because of COVID-19. You want to: (a) ask the employee why he is unable to continue working from home or if he has pursued alternative child care arrangements; and (b) deny the leave request without a reasonable explanation.

If you carry through with your plan, will you violate the FFCRA?

According to the most recent FAQs published by the Department of Labor, the answer is yes.

Coronavirus Update 5-8-2020: Can you legally refuse to return to work to someone at “high risk” for COVID-19 complications?

As you start recalling employees to your physical workplace from remote work-from-home arrangements or furlough, you are concerned about an employee who has an underlying medical issue that the CDC says places him at a higher risk for complications from coronavirus.

Can you refuse to return this employee to work?

According to recently updated guidance from the EEOC, the answer might be “yes.”

Coronavirus Update 5-7-2020: Things I miss 😢

These are the top 10 things I miss (in no particular order):

1/ Seeing family and friends in person. (happy birthday Mom!)

2/ Hugs and handshakes.

3/ Dining out.

Coronavirus Update 5-6-2020: How do parents return to work without available childcare?

Childcare is the issue that has gotten the least attention in discussions about employees returning to work. As states begin to slowly reopen and return employees to work, working parents are left wondering who will care for their children if schools, daycares, and camps are closed.

Coronavirus Update 5-5-2020: Ohio encouraging employers to report AWOL employees to ODJFS

Last week I asked how employers could encourage employees to return to work when unemployment benefits pay them more than their jobs. One suggestion I offered was to hit employees with the stick of unemployment-benefit termination.

Employees who refuse return-to-work offers might be disqualified from collecting further unemployment benefits (unless their refusal is because of coronavirus), and you can advise employees that refuse a recall that you will be asking the state to terminate their benefits. 

Late last week, the State of Ohio provided a clear reminder to employers of the validity of this threat.

Coronavirus Update 5-4-2020: Handling employee mental-health issues in a world and workplace changed by coronavirus

May is Mental Health Awareness Month, which is as good a time as any to bring up an issue that has been weighing heavily on my mind — the looming mental health crisis that our employees are facing and will continue to face in a world and workplace changed by coronavirus.

Coronavirus has altered all of our lives, and all employees are dealing with stress, anxiety, and isolation.

Coronavirus Update 5-1-2020: Some Friday links to share

Just a couple of links to wrap up another looooong week in the world of COVID-19.

First, the video from Tuesday’s Zoominar.