State and Local Government Officials

State and Local Government Officials

For state and local governments that have introduced or enacted legislation providing expanded family and medical leave to those affected by COVID-19, how have those government officials communicated the new requirements to employers and employees? What outreach strategies have been successful?
(@kstrop)

State and Local Government Officials

Expand the Definition of "Health Care Provider"

We need the Department of Labor to expand the definition of "health care provider" .

In order for home health, hospice and home care to be able to ensure that they can continue to provide vital services in the home during the pandemic is for the U.S. Department of Labor to expand the definition of "health care provider" to include the following:

Any employee of an entity who provides health care services in the place... more »

Voting

11 votes
11 up votes
0 down votes
(@mheffernan)

State and Local Government Officials

Include emergency housing employees as emergency responders

Emergency Assistance Shelter system, - employees who oversee, coordinate and process applications and place households in family shelter system.

 

Rental Voucher Program - employees who oversee, manage and fund the rental voucher program for Section 8 and MRVP.

Voting

3 votes
3 up votes
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(@jdroessler)

State and Local Government Officials

Employee Rights Poster

The poster is not clear on the paid leave entitlements. The FMLA expansion should be clear that the 12 week time frame is not expanded to 24 weeks. As I understand the law is only expanding the reason for the FMLA leave, i.e. caring for a child whose school is closed or quarantining. That needs to be clarified.

Further, the "eligible employees" does not provide who is excluded in the public sector. I recommend... more »

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15 votes
15 up votes
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(@niermannmichele)

State and Local Government Officials

Assistant State's Attorney

We are seeking clarification in connection with Emergency Paid Sick Leave and the Expanded Family and Medical Leave provisions with respect to the following:

1. No definition is provided for "emergency responder" in the Act. Will the DOL be issuing emergency guidance prior to the April 1st implementation date concerning the definition?

The FLSA Fact Sheet #17J discusses "first responders" to include "police officers,... more »

Voting

6 votes
7 up votes
1 down votes
(@dwolfert)

State and Local Government Officials

Families First Coronavirus Response Act

We respectfully request that, pursuant to the explicit authority granted to the U.S. Department of Labor (DOL) in the Emergency Family and Medical Leave Expansion Act (EFMLA), Division C of the FFCRA, and the Emergency Paid Sick Leave Act (EPSLA), Division E of the FFCRA, that DOL issue regulations defining "health care provider" for purposes of exclusion from the definition of "eligible employee" for purposes of the... more »

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9 votes
9 up votes
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(@kfriesen)

State and Local Government Officials

County Payroll Supervisor

Most of the questions here are HR related, but I have two payroll questions.

1. Taxability - I know we're not reimbursable as a county entity, but are the capped amounts to be considered FICA & FIT taxable wages and therefore we should collect and remit FICA & FIT taxes? I've read conflicting things on this.

2. Is anyone else struggling with programming for the caps ($200 daily for dependent care and $511 for employees)?... more »

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7 votes
8 up votes
1 down votes
(@jbleak)

State and Local Government Officials

Exemption

SEC. 3105. SPECIAL RULE FOR HEALTH CARE PROVIDERS AND EMERGENCY RESPONDERS.

An employer of an employee who is a health care provider or an emergency responder may elect to exclude such employee from the application of the provisions in the amendments made under of section 3102 of this Act.

This is not clear at all. We are a Police Department and the way this is worded implies you have to apply it by employee. I would... more »

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6 votes
6 up votes
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(@karen.buche)

State and Local Government Officials

Expanded FMLA and EPSLA & Intermittent Use

Are employees able to use both of these paid leaves intermittently? Can an employee choose to use 6 days of EPSLA in the first 10 days of unpaid expanded FMLA. Then use the FMLA's remaining 10 weeks (if they haven't used FMLA already) intermittently. They need FMLA until school is out, then they don't need it over the summer, and then they can begin using it again once the fall school session begins? Can they then use... more »

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15 votes
15 up votes
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(@karen.buche)

State and Local Government Officials

EPSLA Self-Quarantine vs. Self-Isolation

Sec 5102 (a)(2) The employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19. This should also state self-isolate. According to the CDC guidance "quarantine" means they are asymptomatic whereas "self-isolate" means they are having symptoms. Not including both as stated in (1) of the same section makes it appear that employees cannot use the EPSLA when a healthcare provider... more »

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10 votes
10 up votes
0 down votes
(@karen.buche)

State and Local Government Officials

Discrepancy between Individual and Family Member

The discrepancy between qualifying reasons and rate of pay needs to be resolved. Under qualifying reasons, it refers to caring for an "individual" in the pay it refers to family members. So, are employees able to use expanded FMLA for individuals but it is unpaid and they only receive pay if it is a family member? Which family members those outlined in the traditional FMLA only?

This can be addressed in the DOL guidance... more »

Voting

11 votes
11 up votes
0 down votes
(@arg)

State and Local Government Officials

Expansive Emergency Responder Definition

The Department of Labor does not have a definition of Emergency Responder, Child Protection and Adult protection workers, for example, respond to emergency situations on a routine basis. Small jurisdictions cannot function without these employees, particularly for a three month period when individuals are in vulnerable situations due to the pandemic. Similarly, corrections officers responding to inmates behavior, including... more »

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7 votes
7 up votes
0 down votes
(@hrpayrollfnewsflash)

State and Local Government Officials

Compliance Assistance & Educational Outreach - New FFCRA Requirements

The FAQ is great on the DOL website, if they could add additional scenarios/examples when trying to comply with these new requirements that would be great. For example, if you can't get a hold of an employee to reinstate them, what are the reasonable attempts the employer should make to stay in compliance. Or another scenario, if schools are closed through the end of the school year, would FMLA apply to the last day... more »

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8 votes
8 up votes
0 down votes