April 24, 2020

Coronavirus (COVID-19) Updates

On April 20, 2020, we updated our extensive list of COVID-19-related updates (leaves of absence and income replacement benefits) in Canada.  You can find the list here.  If you have any questions, please reach out to our Canada team at larkin_canada@thelarkincompany.com.

As a reminder, you can also find COVID-19-related lists of State & Local Leave Laws as well as a listing of stay-at-home orders. We are updating these lists every Friday.  If you have any questions, please reach out to compliance_services@thelarkincompany.com.

Department of Labor (DOL)
The DOL continues to be hard at work interpreting the Families First Coronavirus Response Act (FFCRA).  Additional FAQs (#80-88) have been released and they center around the pay aspects of the law. Some of the details:

  • Calculating the number of hours of paid sick leave and expanded family and medical leave for an employee who works irregular hours.
  • Calculating an employee’s average weekly wage.
  • Determining the six-month period used to calculate the employee’s regular rate of pay.
  • When an employer may require an employee to use his or her existing leave under a company policy.
  • When an employer can top-up pay when an employee takes expanded family and medical leave.
  • Confirming stay-at-home and shelter-in-place orders are the same as quarantine or isolation orders.
  • Clarity regarding recovery amount if the DOL were to bring an enforcement action on behalf of an employee.

EEOC
The Equal Employment Opportunity Commission (EEOC) has again updated its technical assistance Q&A document, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.  A new Q&A (#A.6) addresses administering COVID-19 testing before permitting employees to return to work.

If you have any questions, please reach out to compliance_services@thelarkincompany.com

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