Monday, March 23, 2020
- MDOL: Unemployment Insurance FAQs Regarding COVID-19 answers questions about Governor Mills’ COVID-19 emergency legislation (LD 2167), which was passed by the Legislature on March 17 and is effective immediately, including that employees laid off by businesses being temporarily partially or fully closed as a result of the impact of the COVID-19 virus are eligible for Unemployment benefits even though they are not looking for work, provided they expect to return to work once the business reopens; employees whose work hours are temporarily reduced in lieu of layoffs are eligible for Unemployment benefits to help offset their loss of income; employees who are out of work due to child care and school closures should apply for Unemployment and determinations will be made on a case by case basis; employers’ continuing to provide health insurance for laid off workers will not impact their receipt of Unemployment benefits; and benefits paid under the emergency legislation will not be charged against the experience rating record of any employer
- US DOL: Guidance documents describe the Families First Coronavirus Response Act, which includes that covered employers must provide (1) two weeks of paid leave for employees who are quarantined, experiencing COVID-19 symptoms, and seeking a medical diagnosis; caring for an individual subject to quarantine; or caring for a child whose school or child care provider is closed or unavailable for reasons related to COVID-19; and (2) ten additional weeks of paid leave to care for a child whose school or child care provider is closed or unavailable for reasons related to COVID-19 (although small businesses with fewer than 50 employees may qualify for exemption from the requirement to provide leave due to school closings or child care unavailability if the leave requirements would jeopardize the viability of the business as a going concern)
- EEOC: Updated guidance titled, “Pandemic Preparedness in the Workplace and the Americans with Disabilities Act,” includes that, based on guidance of the CDC and public health authorities as of March 2020, the COVID-19 pandemic meets the direct threat standard; an employer may screen job applicants for symptoms of COVID-19 after making a conditional job offer, as long as it does so for all entering employees in the same type of job; employers may ask employees who report feeling ill at work, or who call in sick, questions about their symptoms to determine if they have or may have COVID-19, but the fact that an employee had a fever or other symptoms would be subject to ADA confidentiality requirements; an employer may follow the advice of the CDC and state/local public health authorities regarding information needed to permit an employee’s return to the workplace after visiting a specified location, whether for business or personal reasons; and an employer may require employees to wear personal protective equipment (e.g., face masks, gloves, or gowns) during a pandemic, however, where an employee with a disability needs a related reasonable accommodation under the ADA (e.g., non-latex gloves, or gowns designed for individuals who use wheelchairs), the employer should provide these, absent undue hardship