COVID-19 has brought our everyday life to a halt and left us with many unanswered questions. Below are common FAQs our team has been receiving as it relates to the ongoing pandemic. As we navigate through the COVID-19 disruption, we will keep you informed through our COVID-19 Resource Center and continue to update you with relevant developments.

Are employees who are not working due to their county’s Shelter-In-Place Isolation order, eligible for the 80 hours sick pay?

Only if work is available for them are they entitled to sick leave. If work is not available due to the shelter in place order, then they are not eligible for sick leave but they will be eligible for FMLA.

Is there a clear definition of "Healthcare Provider" regarding FFCRA? If we are a Home Health agency, do my office employees qualify or just my clinical staff who see patients?

The new regulations issued on April 1 clarifies that it is any employee of a care provider such as your agency.

Does the FFCRA require the employer to pay the employee 2/3 of the employees pay following 10 days of accrual use?

If work is available but the employee cannot work due to a covered reason then they are entitled to paid sick leave immediately, not after 10 days. The paid FMLA then picks up after 10 days and provides 2/3 pay for leaves taken for childcare due to school or childcare closure. 10 days of paid sick leave for that reason or certain family care reasons is also at 2/3 up to $200/day max, but 10 days of paid sick leave for employee health reasons is at 100% of wages up to $511/day max.

If an employee is unable to work due to shelter-in-place, do they qualify for EPSL?

Only if work is available for the employee to do but the employee cannot do the work due to an isolation order is paid sick leave available. If work is not available due to a shutdown order, then the employee is eligible for unemployment, not paid leave.

I have an employee who believes he has been exposed to Coronavirus, should I require or request that employees who came in contact with him work from home?

It would be prudent to have him/her work from home at least for a while. Now if the employee's doctor said they need to self-isolate due to the possible exposure, then the absence would trigger paid sick leave. Ask the employee has symptoms and is seeking a diagnosis then they would be eligible for paid sick leave if they cannot work.

If we voluntary close our business temporarily, are we exempt from the extended FLMA and new IRS policies?

The new paid leave entitlements under the FFCRA do not apply when there is no work available, i.e., when you have closed the business and do not have telework.

Can you deduct from the PTO balance for the paid sick leave?

No, paid leave you already provide does not count against the new paid leave entitlements. Those are in addition to anything you already provide.

Are there any requirements to show revenue loss for the PPP Loan, or do you just have to meet the 500-employee limit?

You have to certify that the loan is necessary to support the ongoing operations of your company due to the current economic uncertainty. You do not have to document it with revenue loss. The 500-employee test is the only main requirement.

Can I apply for the Payroll Tax Credit and The PPE Loan?

You cannot "double-dip" with both the PPP loan and the Employee Retention Credit under Sec. 2301. You can take advantage of the Payroll Tax Deferral feature of Sec. 2302 and the PPP up to a point, though. The Tax Deferral states that companies who have had forgiveness of a PPP loan are ineligible to take advantage of the deferral. However, our interpretation is that a company can take advantage of the deferral until such time as the PPP loan has been forgiven, at which time the company will need to begin remitting payroll taxes again. However, they will have been able to save the deferred taxes until they become due later (50% of the deferral payable at 12/31/21, the remainder payable at 12/31/22).

What are non-profits over 500 employees eligible for?

Under Sec. 4003 of the CARES Act, mid-size businesses of 500-10,000 employees are eligible for a $454 billion loan and investment program. This includes non-profits. There are a number of restrictions, such as a requirement to retain at least 90% of employees at full pay. Details of this program are expected to be released soon, as the Act requires them to be announced within 10 days of the Act being signed which was Monday, 4/13/20.

We are a small nonprofit church who doesn't pay taxes. How does these loans affect us?

Religious organizations are not normally allowed to apply for SBA loans, but the CARES Act does allow them to apply for a PPP loan.

To find information and resources assembled to help businesses navigate through the COVID-19 disruption, visit our COVID-19 Resource Center.

If you have further questions, please reach out to you broker directly or visit cdc.gov. Stay healthy and stay safe!

The material provided on or through this email and our website is for information purposes only and is not intended to provide any financial, legal, or medical advice or opinion in regard to any individual situation. This information should not be relied on to determine insurance coverage or lack thereof. Insurance forms and endorsements, and insurer rules and guidelines, evolve over time and vary based on insurance company, changes in edition dates, regulations, court decisions, and state jurisdiction. The information provided here is based on a review of insurance coverages that may be implicated in regard to COVID-19 from sources we deem to be reliable, and communications we have received from insurance companies and other relevant resources. We make no representation or warranty as to the accuracy of this information as applied to any individual case. Please advise our office if you want to discuss your specific insurance coverages or needs, or to submit a claim for coverage with your insurance provider.