The FFCRA officially ended/expired on 9/30/2021.
The FFCRA provided paid sick leave and paid family leave for workers affected by COVID in certain qualifying areas. It was mandatory in 2020 and became voluntary in 2021.
What now?
If you were not providing the FFCRA in 2021, or if you stopped providing the FFCRA a while ago, you do not have to inform your team and nothing further needs to be done.
If you have been providing the FFCRA in 2021, inform your team that this benefit has ended. If you still have the FFCRA poster on display, go ahead and take it down, and save it with your other FFCRA documentation. Update your office protocols for what to do if someone has a COVID-related absence.
What if an employee is sick with COVID or has a COVID-related absence?
Your state or local jurisdiction may have a COVID-related special paid sick leave benefit in place. You may need to continue providing time off in accordance with this state or local rule.
If you are not covered by a state/local rule, then any time off would be unpaid unless the employee has regular vacation, PTO, or sick leave to use. Employees could also file for unemployment and they may or may not receive it.
Additional Historical Information:
Note 1: the FFCRA amounts did not reset on January 1st. Meaning: employees do not have another 2 weeks (up to 80 hours) of FFCRA Sick Leave. If someone used up their FFCRA time in 2020, they cannot use any more FFCRA in 2021. See the FAQ below “What if I’m voluntarily continuing FFCRA and an employee already received some paid FFCRA leave in 2020?”
Note 2: the American Rescue Plan did, in fact, reset the FFCRA Sick Leave as of April 1st 2021. Meaning: employees who used up to 80 hours/2 weeks of FFCRA Sick Leave in 2020 or early 2021 will now have another set of 80 hours/2 weeks. The FFCRA Family Leave did not reset as of April 1st 2021, but there have been other changes, outlined below.
For information on state and federal COVID vaccine mandates, please visit this page.
No. This would be considered protected health information and is strictly confidential. There are a number of federal and state laws that protect against the disclosure of employee medical information in the workplace. Disclosure of this information could result in liability.
Your employees could respond with something like: “Gosh, I’d really like to share that with you, but we have decided as a company to be absolutely committed to compliance and privacy, both for our patients and our employees, so that’s just not something I can share with you.”
The emphasis here is on “we” so the individual employee is not seen as the bad guy, and also emphasizing that there are government regulations that the practice needs to follow. The employee could change the subject by asking “How do you feel about the vaccine?” (Not asking “have you been vaccinated” but rather just asking an open-ended question about what the patient thinks.)
A similar question from a patient could be “I don’t want to see someone who hasn’t been vaccinated.” This is hard to address without indirectly revealing private information about your employees.
In this case, we would recommend a response along these lines: “We are committed to your health, and we are following all required and recommended procedures to keep you safe. We recognize that everyone has to make their own personal decisions for their own health and safety, and we understand and support your decision either way.”
If the employees are choosing to get the vaccination on their own, you do not have to pay for the time it takes for them to receive it.
If you have chosen to require the vaccination, then, yes, you would pay for the time it takes to travel to and from the vaccination site as well as the time to receive the vaccination. Therefore, if it takes them 45 minutes to wait and be tested, then you’ll add 45 minutes of pay, at their hourly rate, to the next paycheck.
Handling these requests will depend on why someone is asking for the exception. If it is simply that they are an “anti-vaxxer” and don’t approve, or that they’re scared or apprehensive about taking it, or some other personal reason, then you simply need to determine if you will allow this exception or not. Keep in mind that fighting with someone on this issue may not be the best solution. This is why you should consider making the vaccine voluntary rather than mandatory.
On the other hand, if their reasoning is tied to a religious concern, a medical condition, or a disability, then you will need to go through what’s called a “good faith interactive process” in order to determine whether or not the person can be reasonably accommodated. This is because these types of concerns are protected by law and must be carefully managed. This process is fact intensive and is done on a case-by-case basis. It should also involve documentation throughout, which should be kept safe and confidential in case a lawsuit is filed against the employer.
We recommend you contact us to speak with an HR consultant in order to best determine how to manage your unique situations in order to prevent liability.
If the employees are choosing to get the vaccination on their own, you do not have to pay for the time it takes for them to receive it.
If you have chosen to require the vaccination, then, yes, you would pay for the time it takes to travel to and from the vaccination site as well as the time to receive the vaccination. Therefore, if it takes them 45 minutes to wait and be tested, then you’ll add 45 minutes of pay, at their hourly rate, to the next paycheck.
If you have an employee sick or exposed to COVID, reach out to your local health department for the latest advice on testing, quarantining and return to work guidelines.
Your state or local jurisdiction may have a COVID-related special paid sick leave benefit in place. You may need to continue providing time off in accordance with this state or local rule.
If you are not covered by a state/local rule, then any time off would be unpaid unless the employee has regular vacation, PTO, or sick leave to use. Employees could also file for unemployment and they may or may not receive it.
A doctor’s note should not be a prerequisite for returning to work, according to the CDC.
This is in part because this requirement would place a high burden on the healthcare system, and healthcare provider offices and medical facilities may not be able to provide documentation in a timely fashion.
Though the CDC’s guidance urges against requiring a return-to-work note, if the employee’s illness is a “serious health condition” under the FMLA (applicable to employers with 50+ employees within a 75-mile radius), the employer would be able to require a return-to-work note if the employer complies with the FMLA’s guidelines for requiring such documentation, including, among others, notifying the employee in the initial determination that fitness-for-duty notes will be required and consistently applying the requirement to all FMLA leaves.
Whether COVID testing is required by a federal, state, or local mandate, or is something the employer is implementing as part of their safety measures, it is not something employers should take lightly or without proper planning.
If COVID testing is going to happen, the employer must ensure that the testing procedure is legally compliant, reliable, and effective. In part, employers must:
Select the right test
Document the process
Ensure confidentiality
Determine how a positive test will be handled
If/when you do require a COVID test, then following must be considered:
Who pays for the COVID test?
As always, “it depends.”
If the employee initiates the test entirely on their own, or their treating physician orders it, or the employee is instructed to get tested by the health department, then the employer is off the hook.
If you, as the employer, require a COVID test, even as part of a federal, state, or local mandate, then you have to pay 1) for any out-of-pocket cost associated with getting the test (see below regarding health insurance), and 2) the employee’s hourly wages while traveling to the clinic, waiting in line, being tested, and returning.
Language is important: if you say someone “should” get tested, or you “encourage” them, or you say “it would be a good idea,” or if you make a negative test result a requirement for returning to work, this is the same as you “requiring” the test.
Be proactive about testing: Do your research now:
Figure out where testing can happen in your area and how it works.
Pick one or two labs with good reputations.
Establish a working relationship.
When your employees are seen there, the bill should be sent to your office.
Decide how employees will report their time to you (paper timesheet, digital timeclock.)
If you are requiring the test, and your office provides a group health insurance plan, and employees just have a copay for COVID testing, you would be responsible for the copay and not the entire test.
If you are requiring the test, and your office does not provide health insurance, then employees should not be using their personal health insurance for the COVID test. Your office should be paying for 100% of the cost.
Don’t hesitate to reach out if you have questions regarding your unique situation. We are back to normal response times for calls and requests.