April 2021 Stay Current Newsletter

New COVID-19 Paid Time Off Requirement in California

On March 19, Governor Newson signed SB 95 into effect, applicable to employers with 25 or more employees. This bill is retroactive to January 1, 2021.  Employees are eligible for additional company-paid time off if they need to take time off for the following reasons: Employee is subject to a quarantine or isolation period related to COVID-19 as defined by the state, the CDC, or local public health authorities Employee is advised by a physician or other health care provider to quarantine or isolate due to a COVID-19 related concern Employee is attending an appointment to receive a COVID-19 vaccine Employee is experiencing symptoms from the COVID-19 vaccine that prevents them from working Employee is experiencing symptoms of COVID-19 and is seeking a diagnosis Employee is caring for a family member who is subject to a quarantine or isolation period or if the family member has been advised to self-quarantine. Family member is defined to include a child, grandchild, grandparent, parent, sibling, or spouse. Employee is caring for a child whose regular school or childcare provider is closed for reasons related to COVID-19 Full-time employees are eligible for 80 hours of paid time off. Part-time employees are eligible to receive the number of hours they are regularly scheduled to work in a two-week period. For example, a part-time employee who regularly works 24 hours per week will be eligible for 48 hours of additional paid time off. A part-time employee who regularly works 15 hours per week will be eligible for 30 hours of additional paid time off.  SB 95 is an entirely new bank of time separate from any COVID-19 related time taken in 2020. SB 95 balances must be listed on employee wage statements.  The required poster can be found here, which includes instructions for employees to request SB 95 pay for eligible time off taken from January 1 – present.  Your consulting team is here to help guide you, answer questions, and provide resources for this process.

What Should You Know About Bringing Your Employees Back to the Workplace?

As many counties in California enter new tier assignments per the California Blueprint for a Safer Economy, employers are beginning to plan for their employees to return to the office. Based on current guidance, non-essential businesses can return to an office workspace when their county reaches the orange tier. Employers must continue to follow guidance for reopening as set by the California Department of Public Health, Cal/OSHA (which includes the Emergency Temporary Standard – ETS), and the Centers for Disease Control and Prevention (CDC). After being home for over a year, your workplace may be forever changed. Employers will have the important job of informing employees that returning to the workplace may not mean returning to “normal”.  Ask For Employee Input While some employees may want to continue working remote full time, others may prefer a hybrid model where they are able to work in the office part time. If your business is evaluating long-term changes to how your employees report to work, consider conducting a survey to better understand employee preferences.  Changing Your Workspace If you are bringing employees back to the office, you may need to make physical changes to your setup. Workspaces should be six feet apart or as far away as is feasible of six feet is not an option. Shared workspaces or break rooms should be monitored so employees can maintain proper social distancing. Employees should continue to wear face coverings unless they are in an office with the door closed.   Reminders Upon Return In some scenarios, employees may not have been to the workplace in more than one year. Facilitating a “welcome back” training may be beneficial. Topics to cover may include workplace etiquette, reminders on COVID-19 safety items, and other changes that may have been implemented in their absence. It is important to note that training is required for all employees under the Cal/OSHA ETS. These topics should be included if not covered in prior employee training sessions.   In Conclusion Bringing your employees back to work will be an adjustment. As with most things related to COVID-19, the guidance for employers continues to be updated, revised and changed! Your consulting team is available to assist you with developing a process that works for your team.

COBRA Subsidy Under ARPA: DOL-Issued Model Notices

The American Rescue Plan Act (ARPA) currently provides a 100% subsidy for employer-sponsored group health insurance continued under COBRA and Cal-COBRA. On April 7 of this year, the U.S. Department of Labor (DOL) issued an FAQ and model notices for this COBRA premium assistance. Below are links to the DOL’s new model notices:  Model General Notice and COBRA Continuation Coverage Election Notice  Model Notice in Connection with Extended Election Period Model Alternative Notice Model Notice of Expiration of Premium Assistance Summary of COBRA Premium Assistance Provisions under the American Rescue Plan Act of 2021  The DOL provides helpful FAQ guidance on topics including eligibility, elections, notice requirements, and the duration of the subsidy.

EEOC Announces EEO-1 Reporting Begins April 26

Deadline for Submission of 2019 and 2020 Workforce Data is July 19, 2021 The portal for private-sector employers to submit equal employment opportunity (EEO-1) workforce data from 2019 and 2020 will open on April 26, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) announced March 29, 2021. The agency also announced that the deadline for submitting 2019 and 2020 EEO-1 data is July 19, 2021. This data collection was previously delayed due to the coronavirus pandemic. Mandated under Title VII of the Civil Rights Act, the EEO-1 Report is an annual survey that requires certain employers to submit information about their workforces by race or ethnicity, gender and job category by March 31 every year. In general, a private-sector employer is subject to EEO-1 reporting if it has 100 or more employees or is a federal contractor with 50 or more employees and a contract of $50,000 or more. Employers that are subject to EEO-1 reporting requirements should begin preparing to submit 2019 and 2020 EEO-1 data and monitor the EEOC’s home page and new website dedicated to EEO data collections for additional updates. Reposted with permission from HR360.

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