Employee Programs

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