With its latest release, the DOL continues its efforts to clarify the circumstances under which paid sick leave and expanded family and medical leave under the FFCRA must be provided to eligible employees. A full text of the DOL’s Q&As can be found here. Highlights from the fourth set include:

• Quarantine or isolation orders include shelter-in-place or stay-at-home orders. Employees may be entitled to paid sick leave if the employer has work for the employee to perform (including telework), but the employee is prevented from working by a federal, state or local shelter-in-place order. However, the employee is not entitled to paid sick leave if the employer closes or does not have work available due to a shelter-in-place order.
• An employee’s decision to self-quarantine must be supported by a directive or advice from a health care provider. An employee is eligible for paid sick leave if a health care provider directs or advises the employee to stay home because the employee may have COVID-19 or may be susceptible to COVID-19, for example because of an underlying medical condition. However, an employee is not eligible for paid sick leave where the employee unilaterally decides to self-quarantine without ever seeking medical advice to self-quarantine, even if the employee exhibits COVID-19 symptoms. The decision must be supported by medical advice.
• Paid sick leave to care for another person is limited. An employee may take paid sick leave to care for an immediate family member or someone who regularly resides in their home who is subject to a quarantine order from a health care provider where the provision of care prevents the employee from working (including telework). An employee may also take paid sick leave to take care of someone where the relationship between the parties creates an expectation that the employee would care for the person subject to a quarantine order, and that individual depends on the employee for care during the quarantine or self-quarantine. But paid sick leave is not available for an employee to take care of someone with whom there is no pre-existing relationship, or an expectation that the employee will care for the person during the quarantine or self-quarantine.
• Paid sick leave and expanded family and medical leave are available to care for disabled children over the age of 18. If the child is unable to take care of himself or herself due to the disability, an employee may take paid sick leave and expanded family and medical leave to care for the child if the child’s school or place of care is closed or his/her child care provider is unavailable, provided the employee is otherwise unable to work (including telework).
• Paid sick leave and expanded family and medical leave may not be available where another parent is already caring for the child. Paid sick leave and expanded family and medical leave are only available when needed. If another parent, guardian or child care provider is available to provide care for the child, an employee may not be entitled to paid sick leave or expanded family and medical leave.
• Schools are closed, even if teaching is being handled remotely. For purposes of determining paid sick leave and expanded family and medical leave eligibility, schools are considered closed if the physical facility is closed. This is true even if some or all instruction is being provided online or through another format and the child is still required to complete assignments.
• At this time there are no “substantially similar conditions.” The FFCRA included a provision that allowed employees to take paid sick leave for “substantially similar conditions” as defined by the U.S. Department of Health and Human Services (HHS). At this time, HHS has not identified any such condition.
• Paid sick leave and expanded family and medical leave are generally not available with other forms of leave. An employee receiving workers’ compensation or temporary disability benefits is generally not eligible for paid sick leave or expanded family and medical leave because the employee is unable to work, unless the employee is released for light duty, the employer has light duty available, and a qualifying reason prevents the employee from performing the light duty. Where an employee is on an employer-approved leave of absence, the employee is not eligible for paid sick leave or expanded family and medical leave. However, if the leave of absence is voluntary, the employee may terminate the leave and begin taking paid sick leave or expanded family and medical leave where a qualifying reason exists. If the leave of absence is mandatory, then the employee is unable to work for reasons other than a qualifying reason and is not eligible for paid sick leave or expanded family and medical leave.
• DOL enforcement will be retroactive to April 1, 2020. Although the DOL announced it will not enforce the FFCRA from April 1 through April 16, it expects employers to make good faith efforts to comply and will retroactively enforce violations that are not remedied before April 17

New SHRM Recertification PDC Option – Earn Recertification PDCs for COVID-19 Work 

Many HR professionals like you, have dedicated uncountable hours supporting their organizations’ and communities’ COVID-19 needs, and SHRM would like to acknowledge this difficult, ground-breaking work. To that end, SHRM has introduced a new recertification PDC option related to COVID-19, and we are relying on you to get the word out to your communities.

SHRM-CP or SHRM-SCP credential holders who are working toward recertification can now earn all 60 PDCs for their work in this area. To take advantage of this opportunity, all they need to do is summarize their activities using this COVID-19 Response Summary Form and follow the instructions to redeem the credits.

Please note that one of the requirements for earning credits is that certificants must attend at least one chapter or state council COVID-19-specific program and document it on the summary form. In support of this requirement, please make sure you have provided an activity code for all the chapter or state council’s COVID-19-related programming.

For questions or additional information, please email recertification@shrm.org and/or refer to the FAQs posted on the SHRM certification website.


 

Institute for Training and Development

ALERT on Sexual Harassment Prevention Training Law:  Public Act 101-0221 amended the Illinois Human Rights Act ("IHRA") requiring: Illinois employers to provide annual sexual harassment prevention training by December 31, 2020 and annually thereafter; restaurants and bars to establish and disseminate a written policy on sexual harassment prevention training and provide "supplemental" sexual harassment prevention training; and the Illinois Department of Human Rights ("IDHR") to develop a model sexual harassment prevention training program for use by employers.  Employers may develop their own sexual harassment prevention training program that equals or exceeds the minimum standards for sexual harassment prevention training outlined in Section 2-109(B) and/or Section 2-110(C) of IHRA.   For more information, please review our Frequently Asked Questions page on sexual harassment prevention training and associated subpages.  Here you will also find informational handouts. Download the model Sexual Harassment Prevention Training program in PowerPoint format.  Alternatively, you can download the training in a PDF format.