APPLIES TO All Employers with CO Employees

EFFECTIVE Upon Governor Declaration

QUESTIONS? Contact HR On-Call (888) 378-2456

On November 3, 2020, Colorado voters approved Prop. 118 which permits employees to take up to 12 weeks of paid family and medical leave within a 12-month period. Qualifying reasons include:

• caring for their own serious health condition;
• caring for a new child during the first year after the birth or adoption or for foster care of a new child;
• caring for a family member with a serious health condition;
• when a family member is on active duty military service or is called for active-duty military service; and
• when the individual or the individual’s family member is a victim of domestic violence, stalking, or sexual assault.

An additional four weeks of leave are allowed for pregnancy or childbirth complications. Individuals are eligible to receive benefits after they have earned $2,500 in wages that were subject to the paid family and medical leave (PFML) premiums and have been employed by the employer for at least 180 days. Leave may be taken intermittently.

The program will be funded through a payroll tax paid for by employers and employees in a 50/50 split. The first premiums will be paid beginning on January 1, 2023, and benefits will begin to be available on January 1, 2024. The maximum benefit is capped at $1,100 per week for 2024. Businesses with less than 10 employees are exempt from paying the premium. Sole proprietors can opt in to the program.

Employers cannot take disciplinary or retaliatory actions against employees for requesting or using paid leave. Employees who take PFML leave are entitled to return to the same position or a position with the same pay, benefits, and seniority or status. Employees cannot lose their health benefits during their leave and are still be required to pay their health insurance premiums while on leave.

Action Items

APPLIES TO All Employers with 10+ ME Employees

EFFECTIVE January 1, 2021

QUESTIONS? Contact HR On-Call (888) 378-2456

In June of 2019, Governor Mills signed into law LD 369 which requires private employers of 10 or more employees to provide employees earned paid leave (EPL). Like paid sick leave, EPL accrues based on hours worked, but unlike paid sick leave, it may be utilized for any reason.  As the effective date of January 1, 2021 fast approaches, the state Department of Labor has released final regulations containing definitions and procedures for implementing the statute.  Employers should note key portions of the guidance as discussed below.

• Accrual and Carryover: Begins at the start of employment at the rate of one hour per 40 hours worked, up to a cap maximum of 40 hours of EPL per year.
  • Employers may require employees to complete a 120-day waiting period before they may begin using EPL.
  • Employers may choose to frontload the 40 hours instead on either a calendar year or employment anniversary schedule. If employers front-load time and an employee terminates prior to working enough hours to earn leave already taken, employers may deduct used, unearned leave from the last paycheck.
  • Accrued, unused EPL carries over to the next year, up to the 40-hour maximum cap.
• Usage: EPL must be taken in minimum increments of at least one hour, unless the employer permits EPL to be taken in smaller increments of time.
• Employee Notice and Scheduling: Employees must provide employer “reasonable notice” of intent to use EPL. Employers may adopt a policy of requiring up to four weeks’ notice of the intent to take leave.  Employers are also permitted to place reasonable limits on scheduling of EPL when it places undue hardship on the employer.
• Employer Notice: Employers must display the “Regulation of Employment” poster, revision date 09/20.
• Rate of Pay: EPL is paid at the employee’s regular base rate of pay, including bonuses and commissions. Employers using tip credits must pay EPL at the state’s minimum wage rate.

Action Items

APPLIES TO Employers of VT Employees

EFFECTIVE October 7, 2020

QUESTIONS? Contact HR On-Call (888) 378-2456

Governor Scott authorized a second round of funding for the Vermont Frontline Employees Hazard Pay Grant Program which allows qualified employers to apply for benefits to give to their employees. Hazard pay is available to certain public safety, public health, health care, and human services employers whose employees are engaged in activities substantially dedicated to mitigating or responding to the COVID-19 public health emergency during the eligible period.

S.352 expands benefits to temporary homeless housing providers who have agreements with Department of Children and Families to do so, traveling nurse agencies and temporary or contract nursing services of covered employers, cleaning or janitorial service providers to covered employees, and food service providers of patients or residents of covered employers.

Additionally, employers must identify potentially eligible former employees and report them to the state so they can be notified of potential benefits. Employers have been able to apply for funding since October 28, 2020. Employers should review updated eligibility requirements to determine if benefits are available.

Action Items

APPLIES TO All Employers

EFFECTIVE September 30, 2020

QUESTIONS? Contact HR On-Call (888) 378-2456

OSHA recently issued an FAQ for employers to follow to determine reporting obligations when an employee becomes sick with COVID-19 in the workplace. OSHA previously stated that employers must report a workplace illness or injury that results in (1) an in-patient hospitalization within 24 hours of a work-related “incident,” and (2) a fatality within 30 days of a work-related incident. The FAQ clarifies that a work-related “incident” includes an “exposure” to COVID-19 in the workplace, rather than when an employee develops symptoms or tests positive.

Moreover, if an employee is exposed to COVID-19 at work that results in in-patient hospitalization within 24 hours of the work exposure, the employer must report the hospitalization within 24 hours of knowing both that the employee has been in-patient hospitalized and that the reason for the hospitalization was a work-related case of COVID-19. If the employer is aware of the hospitalization “and determines afterward that the cause of the in-patient hospitalization was a work-related case of COVID-19, the case must be reported within 24 hours of that determination.”

Similarly, if an employee dies within 30 days of exposure to COVID-19 in the workplace, the employer must report the fatality within eight hours of knowing both that the employee has died, and that the cause of death was a work-related case of COVID-19.  “Thus, if an employer learns that an employee died within 30 days of a work-related incident, and determines afterward that the cause of the death was a work-related case of COVID-19, the case must be reported within eight hours of that determination.”

Keep in mind that this clarification only applies to reporting. “[E]mployers who are required to keep OSHA injury and illness records must still record work-related in-patient hospitalizations and fatalities,” as required by other provisions of the regulation.

Action Items

1. Review OSHA’s FAQ here.
2. Update reporting protocols and train staff managers accordingly.
3. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

---

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2020 ManagEase

APPLIES TO All Employers

EFFECTIVE As Indicated

QUESTIONS? Contact HR On-Call (888) 378-2456

The Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor (DOL) recently released opinion letters providing guidance on Title VII case enforcement and commissioned employee overtime exemptions.

EEOC Opinion letter on Section 707.  In its second opinion letter of 2020, issued on September 3, 2020, the EEOC addressed the interpretation and enforcement of Section 707(a) of Title VII of the Civil Rights Act of 1964.  In it, the letter addresses whether the EEOC may bring litigation against employers based on a “pattern or practice” of discrimination, and whether the EEOC must satisfy pre-suit requirements before bringing a Section 707 lawsuit.

Section 707(a) of Title VII authorizes the EEOC to sue employers engaged in a “pattern or practice” of discrimination.  The opinion letter clarifies that Section 707(a) claims still require allegations of violations of Section 703 or 704, which contain anti-discrimination/retaliation provisions, in order to bring a “pattern or practice” suit.  This interpretation may limit the EEOC’s claims in pattern or practice suits to only those with a concrete allegation of violation of discrimination/retaliation having taken place.

Similarly, the Commission then concluded that a charge must precede any action brought pursuant to Section 707, and that a civil action under Title VII can only be brought after a charge has been filed.  Additionally, the Commission is required to attempt to conciliate claims before filing suite under Section 707.