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IMA COVID-19 (Coronavirus) Update - #22
The Illinois Manufacturers’ Association has been communicating directly with manufacturers across Illinois as the situation changes and will continue posting resources online at the IMA’s dedicated page www.ima-net.org/covid-19/ .
 
As announced yesterday, Governor JB Pritzker filed a new proclamation today extending Illinois’ emergency declaration for another thirty days until April 30. This declaration allows the Governor to use emergency power under the Illinois Emergency Management Agency Act to respond to the novel coronavirus pandemic.
 
The Governor plans to issue an executive order as well that will extend the “stay-at-home” order until April 30, mirroring the emergency declaration. Based on the IMA’s conversation with the Governor’s office, the definition of “essential manufacturing” will remain the same.
 
Daily COVID-19 Results
 
Governor JB Pritzker held his daily press conference and announced:
 
  1. There are 986 new cases of coronavirus in Illinois.
  2. There are a total of 141 deaths related to coronavirus in Illinois, including 42 today.
  3. A total of 6,980 cases have been confirmed in at least 56 of the 102 counties.
  4. There have been 40,384 individuals tested in Illinois.
 
Press Conference Key Updates
 
New or critical items of note that were discussed today by the Governor and local leaders:
 
  1. The Governor announced that he has no plans to invoke travel restrictions or ban residents from other states from entering Illinois.
  2. Governor Pritzker stressed the need for Illinoisans to fill out their census forms to assure that Illinois receives its share of federal tax dollars and has the appropriate representation in Congress. To complete the census, you can go to www.my2020census.gov or call 844-330-2020.
  3. Governor Pritzker has joined colleagues in asking the White House to open a special enrollment period of the Affordable Care Act (ACA) to cover Americans during this challenge. Illinoisans recently laid off can enroll in the ACA now as the program allows those experiencing a qualifying life event to join. Learn more at: getcovered.illinois.gov.
  4. The Governor introduced a new relief fund to provide grants for both individual artists and art/cultural organizations. To learn more, visit: ArtsforIllinois.org. A special thank you to IMA member, Exelon, for their contributions to starting this fund.
 
Employer Resources & Programs
 
Mayor Lori E. Lightfoot announced today that applications are now open for $100 million in low-interest loans through Chicago Small Business Resiliency Fund, to help Chicago's small businesses that are experiencing a temporary loss of revenue as a result of the coronavirus (COVID-19) outbreak. Interested business owners can begin applying for the loans at: www.chicagoresiliencyfund.com .
 
On Thursday, April 2, from 10:00am to 11:00am CST, the IMA is partnering with the law firm SmithAmundsen for a webinar on the topic of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) and how employers can take advantage. This important program is for companies that are struggling with paying their bills. You will learn:
 
  • How to get funds from the SBA which may be forgivable
  • About enhanced unemployment benefits
  • About additional government funding
  • How to have these discussions with your banker
 
To register for this webinar, please click here .
 
Question & Answer Section
 
Here is some guidance from the United States Department of Labor with regard to the new federal laws, specifically dealing with documentation:
 
What records do I need to keep when my employee takes paid sick leave or expanded family and medical leave?
 
Private sector employers that provide paid sick leave and expanded family and medical leave required by the FFCRA are eligible for reimbursement of the costs of that leave through refundable tax credits. If you intend to claim a tax credit under the FFCRA for your payment of the sick leave or expanded family and medical leave wages, you should retain appropriate documentation in your records. You should consult Internal Revenue Service (IRS) applicable forms, instructions, and information for the procedures that must be followed to claim a tax credit, including any needed substantiation to be retained to support the credit. You are not required to provide leave if materials sufficient to support the applicable tax credit have not been provided.
 
If one of your employees takes expanded family and medical leave to care for his or her child whose school or place of care is closed, or child care provider is unavailable, due to COVID-19, you may also require your employee to provide you with any additional documentation in support of such leave, to the extent permitted under the certification rules for conventional FMLA leave requests. For example, this could include a notice that has been posted on a government, school, or day care website, or published in a newspaper, or an email from an employee or official of the school, place of care, or child care provider. 
 
What documents do I need to give my employer to get paid sick leave or expanded family and medical leave?
 
You must provide to your employer documentation in support of your paid sick leave as specified in applicable IRS forms, instructions, and information. 
 
Your employer may also require you to provide additional in support of your expanded family and medical leave taken to care for your child whose school or place of care is closed, or child care provider is unavailable, due to COVID-19-related reasons. For example, this may include a notice of closure or unavailability from your child’s school, place of care, or child care provider, including a notice that may have been posted on a government, school, or day care website, published in a newspaper, or emailed to you from an employee or official of the school, place of care, or child care provider. Your employer must retain this notice or documentation in support of expanded family and medical leave, including while you may be taking unpaid leave that runs concurrently with paid sick leave if taken for the same reason.
 
Please also note that all existing certification requirements under the FMLA remain in effect if you are taking leave for one of the existing qualifying reasons under the FMLA. For example, if you are taking leave beyond the two weeks of emergency paid sick leave because your medical condition for COVID-19-related reasons rises to the level of a serious health condition, you must continue to  provide medical certifications  under the FMLA if required by your employer.
Mark Denzler
President & CEO
Illinois Manufacturers' Association
Disclaimer : The information in this email is provided for general informational purposes only as a benefit of your membership in the Illinois Manufacturers' Association. No information contained in this email should be construed as legal advice from the IMA or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. If you need legal advice, please contact an attorney directly.