COVID-19 FFCRA Rules Webinar

Apr 16

Good Morning,

I hope you are able to enjoy the nice weather during these crazy times!

Watch the Webinar

Following is a link to the recording of our webinar yesterday morning that goes deep into the FFCRA rules, including emergency paid leave and expanded COVID FMLA.  The webinar also provides updates on the CARES Act.

I have attached the slides from the presentation. Please stay tuned for an invite to next Tuesday’s webinar which will focus on the CARES Act and the PPP SBA Loan Program.

COVID-19 High Risk Employees

COVID-19 Employment Law Implications

Important: Governor Inslee issued the attached proclamation related to protecting older (over age 65) and health compromised individuals.  Please read the attached proclamation for details.  Among other things, the proclamation requires employers to continue paying for health insurance for at risk individuals who not able to be accommodated while they take leave or unemployment.

Following is an excerpt:

FURTHERMORE, based on the above situation and under the provisions of RCW 43.06.220(1)(h), to help preserve and maintain life, health, property or the public peace, I hereby prohibit all public and private employers in Washington State from taking any action that is inconsistent with the following practices related to high-risk employees, as that term is described or defined in guidance issued by the Centers for Disease Control and Prevention. This prohibition shall remain in effect until 11:59 PM on June 12, 2020, unless extended beyond that date:

1. Employers are prohibited from failing to utilize all available options for alternative work assignments to protect high-risk employees, if requested, from exposure to the COVID-19 disease, including but not limited to telework, alternative or remote work locations, reassignment, and social distancing measures; and

2. Employers are prohibited from failing to permit any high-risk employee in a situation where an alternative work arrangement is not feasible to use any available employer granted accrued leave or unemployment insurance in any sequence at the discretion of the employee; and

3. In the event the employee’s paid time off exhausts during the period of leave, employers are prohibited from failing to fully maintain all employer-related health insurance benefits until the employee is deemed eligible to return to work; and

4. Employers are prohibited from taking adverse employment action against an employee for exercising their rights under this Proclamation that would result in loss of the employee’s current employment position by permanent replacement.

Violators of this order may be subject to criminal penalties pursuant to RCW 43.06.220(5)….

(5) Any person willfully violating any provision of an order issued by the governor under this section is guilty of a gross misdemeanor.

I hope you find this information useful. Stay well and please stay tuned for more updates.

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