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Employee Illness
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EEOC updates FAQs on Screening Employees for COVID-19 and Handling Medical Information
There was an update for employers from the Equal Employment Opportunity Commission (EEOC) on September 8. After public feedback, the EEOC updated several answers to frequently asked questions (FAQs) about how employers should comply with the Americans with Disabilities Act (ADA) during the COVID-19 pandemic. What was updated? FAQ A6 (COVID-19 testi...
New “Simpler and Easier” FMLA Forms Released
The U.S. Department of Labor (“DOL”) has released new revised versions of its model notice of rights, certification, and designation forms under the federal Family and Medical Leave Act (“FMLA”) (dated June 2020).  The revised forms are noticeably different.  The DOL intended them to be simpler and easier for employees, employers, leave ...
CDC Changes Return to Work Guidance for Employers
Last week, the Centers for Diseases Control (CDC) issued important changes to its guidance to employers, including modifying the criteria used to determine when an employee can be allowed back to work after testing positive for COVID-19.  Employers should immediately change its COVID-19 plans and modify its return to work policies accordingly.  H...
Are Temporary Employees entitled to Paid Sick Days under FFCRA?
Many companies use temporary employees to supplement their workforce.  Employees remain the employee of the temporary staffing agency for a period of time, and the agency controls their overall employment.  During the pandemic, what happens if a temporary employee notifies your company that they have COVID-19 symptoms, or have had close contact w...
Can Employers Require COVID Testing of Returning Employees?
As employers reopen businesses across Florida, many are wondering if they can require a negative COVID-19 test before an employee is allowed back to work.  As background, there are 2 types of COVID-19 testing – a test to determine the presence of COVID-19 virus (viral test) – and a test to determine if an employee......
Workplace Preparation for “Smart, Safe and Step by Step” Return to Work
On April 29, 2020, Governor DeSantis issued Executive Order 20-112 called Safe, Smart, Step by Step Plan for Florida’s recovery.  The plan involves individual responsibility (limiting personal interactions and avoiding large groups), senior citizens and individuals with significant underlying medical conditions are still encouraged to stay hom...
Are Employee COVID-19 Cases OSHA Recordable?
The number of COVID-19 cases has passed 500,000 nationwide and 20,000 in Florida. Many of these cases occurred after workplace exposure, such as from a customer or co-worker. But, since the virus can be picked up anywhere, how can a work-related source be confirmed so that the case is recorded as an occupational illness on......
Florida Unemployment Questions about COVID-19 Situations
As the Coronavirus situation continues, employees are laid off and/or take paid sick days, there are many questions about how these situations affect Florida unemployment benefits (called “RA benefits”).  The Florida Department of Economic Opportunity (DEO) operates the Reemployment Assistance Service Center and CONNECT website that processes ...
Wage and Hour Division Publishes New Guidance on Paid Leave and Expanded FMLA
On March 24, the Department of Labor (Wage and Hour Division – COVID Response) issued some new information for employers and employees about the Families First Coronavirus Response Act (FFCRA).  As provided under the legislation, the U.S. Department of Labor will be issuing implementing actual regulations (planned for early April).  Additio...
Coronavirus Guidance for Florida Employers
Due to the spread of Coronavirus, President Trump and Florida Governor Ron DeSantis have declared a state of emergency and are asking employers to monitor the situation and take action to help slow and stop the spread of COVID-19. The Centers for Disease Control and Prevention (CDC) has issued interim guidance to businesses and employers......
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