Page 57 - BusinessWest August 17, 2020

Job-protected, Paid Time Off
Not all employees will be able to work when their children are taking classes from home. Employers should be prepared to work with a reduced staff for the foreseeable future. Federal laws will provide many parents with job-protected time off when school
is closed, which includes situations where some or all instruction is being provided through distance learning.
The Families First Coronavirus Response Act (FFCRA) generally requires employers to provide paid time off to employees who can-
not work (or telework) because their child’s school is closed. However, it’s not enough that a child is attending class remotely. The parent must be needed to care for the child, and the child must be under 14 absent special circumstances.
Still, the FFCRA does not cover all employees or all employers. Employ- ers with 500 or more employees are not covered by the law, while small employers and healthcare providers may be exempt from certain require- ments. Also, employees who have been
“There’s never been a return to school quite like 2020. The only certainty is that employers could not possibly plan for all potential scenarios.”
employed for less than a month are only eligible for a maximum of two weeks of ‘emergency sick’ leave, while employees who have been employed for at least 30 days may be able to take up to an additional 12 weeks of expanded family and medical leave (EFML), including on an intermittent basis, assuming that the leave hasn’t already been taken for other permis- sible purposes.
Eligible employees can earn up to $200 per day when taking childcare EFML, subject to certain maximum dollar amounts. Lawmakers in several states, including Massachusetts, are considering legislation that would fill the gaps in the FFCRA’s paid-leave pro- visions, and several states have already extended virus-specific paid leave. Employers whose employees aren’t eligible for protected leave will have to decide whether to allow job-protected leave or lay off or otherwise separate with the employee.
School-related Exposure
Unpredictable, illness-related absences can pose another challenge for employers and employees. Children may be exposed at school and bring
the virus home.
Employees may be needed to care
for their children who are ill and may even test positive themselves. The FFCRA provides up to two weeks paid time off for COVID-related illnesses. The Massachusetts paid-sick-leave statute and the FMLA may also provide employees with paid time off. Employ- ees may also be able to take protected time off (or time at home) as a reason- able accommodation for the employ- ee’s own disability that makes it risky for the employee to go into the office.
Plan Ahead
There’s never been a return to school quite like 2020. The only cer- tainty is that employers could not pos- sibly plan for all potential scenarios. Businesses should make sure they have effective remote-work policies, prac- tices, and procedures in place, be pre- pared to operate with fewer employ- ees on an intermittent and possibly long-term basis, and designate one or more people within the organization to whom management and employees can direct their questions. u
Marylou Fabbo is a partner
with Springfield-based Skoler, Abbott & Presser, P.C., a law firm that exclusively practices labor and employment
law. She specializes in employment litigation, immigration, wage-and- hour compliance, and leaves of absence. She devotes much of her practice to defending employers in state and federal courts and administrative agencies. She also regularly assists her clients with day-to-day employment issues, including disciplinary matters, leave management, and compliance; (413) 737-4753 ; mlfabbo@skoler- abbott.com
And the Winners Are...
(drum roll please)
In the coming weeks, BusinessWest will have lots of exciting news to announce — or re-announce, as the case may be. COVID-19 has pushed back many of our programs and events, but we’re getting ready to launch an exciting stretch of awards and gatherings, with details to come.
Here’s what’s coming in the next few issues:
August 31
Sept 14
pt 8
Oct 12
Alumni
An announcement of the five finalists for the coveted Alumni Achievement Award, presented to the 40 Under Forty winner who has most impressively built on his or her resume.
A reintroduction of the Difference Makers Class of 2020. First announced back in March, this group, to be honored later in September, includes seven individuals and groups that are truly making a difference in Western Mass.
A reintroduction of the Forty Under 40 Class of 2020 and the announcement of the Alumni Achievement Award winner for this year. This class of rising stars, first introduced in May, will be honored at a live event in early October. It’s a great class of high achievers, and we’ll remind you just how great.
Introduction of the Healthcare Heroes Class
of 2020. This year, our recognition program is focused on those who have become true heroes in the midst of the COVID-19 pandemic. Their stories are truly inspirational.
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For congratulatory ads, sponsorship opportunities and event info,
call 413.781.8600 or visit www.businesswest.com
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