Check out these exciting Human Resources job opportunities:
HR Director – Frisch’s Big Boy
Details regarding employment opportunities can be found on the MVHRA website.
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THIS MONTH'S ARTICLES
By Matt Bakota
Dealing With Ongoing FFCRA Leave Issues
Many employers have successfully weathered the storm of FFCRA leave requests received in spring and summer 2020. Now kids throughout the country are headed back to school, whatever “school” means in their particular state or local district. FFCRA leave remains available until December 31, 2020, and many covered employers are and will continue to encounter FFCRA leave requests during the next few months. Here is some breaking news (REALLY!) and a few reminders for dealing with these requests:
On August 27, 2020, the Department of Labor added 3 new questions to its FFCRA Q&A. They are numbers 98-100 and can be found here. The biggest news is that the DOL has taken the position that parents who had the option to send kids back to in-person school but chose an online option, such that their kids will be at home, are NOT eligible for FFCRA leave. See question number 99 for more. This is probably very surprising to many, and it may make it necessary to revisit some leave-related decisions made prior to August 27. It also impacts employers’ tax credit eligibility, in that employers who allow leave to ineligible employees under those circumstances now have to assume that they will NOT be able to obtain tax credits for doing so.
Turning to the reminders, if you have not yet adopted FFCRA leave request forms that address the employee’s eligibility and information needed for tax credits, it is never too late to do that. They can help address basic things like start and end dates, as well as more sensitive questions such as whether another suitable person may be available to care for a child (i.e., another parent working from home), and whether there are special circumstances to support a request to stay home with a child over 14 years of age.
Keep in mind that the maximum amount of emergency paid sick leave (EPSL) for any one person this year is 80 hours. Their EPSL bucket does not get refilled if a new qualifying reason arises. However, if they did not use their full amount of EPSL leave the first time around, they would have available whatever may be left in their bucket. Additionally, employees who switch employers this year do not have their EPSL bucket refilled when they go to the new employer. Because of this, it is important when analyzing eligibility to find out how many hours of EPSL, if any, a new employee may have taken with their prior employer. (This is another type of inquiry that is great to have in an FFCRA leave request form.)
We have seen several requests regarding intermittent leave under the FFCRA’s Emergency Family and Medical Leave Expansion Act (EFMLEA). A typical inquiry involves an employee who says they need some amount of time off during the day to care for a child (or children) who will be at home. The FFCRA permits intermittent leave for eligible employees with childcare issues, and the DOL encourages employers to allow it. However, the FFCRA does not require employers to permit intermittent leave; nor does it require employees to accept it. Where intermittent leave will cause problems for the employer from a business standpoint, employers can say no. The reality is that many positions may be amenable to intermittent leave, but many others may not be. Also keep in mind that intermittent leave under the EFMLEA – including the first two weeks when covered by EPSL – can be used by teleworking employees and by employees who are required to come into the office. This is different, however, from EPSL leave for reasons not related to childcare issues. There are restrictions on use of intermittent leave related to the other five categories of EPSL leave, for obvious reasons health-related reasons.
Especially when dealing with intermittent EFMLEA leave, it is best to think of available leave in terms of hours. Many employees do not work a “normal” 40-hour workweek. The hours an employee works determine the hours of EFMLEA leave for which they are eligible. They will also be factored into the calculation of the employee’s “regular rate” of pay.
MVHRA and national SHRM offer numerous resources to HR professionals dealing with these and other COVID-19-related challenges as 2020 rolls on. Please visit www.mvhra.org or contact me or any other MVHRA board member for details.
Reminder: MVHRA Legal Services Plan Available
MVHRA has an agreement with local attorneys to provide a legal services plan for MVHRA members (the “Plan”). The Plan is available again for 2020 and is included as part of your current membership at no additional charge. Further details available at http://mvhra.org/myMVHRA/legal-services.cfm
Note: You must be a MVHRA member AND logged into mvhra.org to access this service within the "MY MVHRA" link at the top of the page.
See Your Article In Our Newsletter!
MVHRA members, do you have something to submit to the MVHRA Newsletter? Please send it to Amy Mitchell, Newsletter Committee Chair, via email at email@example.com.
UPCOMING MEETINGS AND EVENTS
September 8, 2020
Lunchtime Webinar: Improve HR, Improve the Bottom Line: The Power of an HR Audit
Speaker: Holly Hall
Time: 12: 00 PM - 1:00 PM
1. What is an HR audit and what does it do?
2. What are the influencers that create a need for an audit?
3. Building your capability as an owner of your department.
Why is the topic of an HR audit important to the human resources community?
Human Resources is the heart of the organization. In order to serve both the leadership and employees, the need to evaluate the structure and processes assists in addressing effectiveness and making improvements. Your ability to lead your organization starts with conducting a thorough assessment of an employee’s life cycle. You can help your organization achieve clarity of how your department supports the organization, analyze processes and make recommendations that create alignment with your organization’s business goals.
Holly will take you through how an HR audit can influence change not only for your department but also provide meaningful impact in your organization. From looking at the strategy behind an assessment to the resources required for more effective operations, this session will provide you with the power to effectively influence change within your department.
You will receive Zoom login information prior to the event through your email.
Credits: This program is being submitted for approval of recertification credits by the HR Certification Institute (HRCI) and for SHRM Professional Development Credit (PDC).
September 22-24, 2020
The 2020 Ohio HR Conference
The 2020 Ohio HR Conference is going virtual! This year's conference includes 32.5 pre-approved credits, including 10 business credits, from SHRM and HRCI. The virtual HR Conference will include a virtual exhibit hall, networking games, social media interaction, and opportunities to view and experience conference activities when there are no scheduled sessions.