To all clients:

Just wanted to send out another update with some useful information, some of which you may already have.  As previously mentioned these requirements are changing frequently and while we are attempting to navigate these issues and determine best practice in real time, some times it is just not feasible.

Fresno County Public Health- New Requirement

As most of your are aware, the PHD issued a requirement to Employers to now conduct health screening of all employees at the beginning of the workday and for any visitor entering the location.  Please note: the first questionnaire that was distributed over the weekend and Monday morning was revised mid-morning on Monday, and the revised questionnaire is attached. You will also need to develop a COVID-19 ROSTER that tracks reasons for employees being sent home as it relates to the health screening process.  A simple log will be sufficient.

We have also determined that while this is for Fresno County specifically, there are other Counties in the State that have similar or more rigid guidelines.  Please verify additional counties before implementing.

TIPS FOR IMPLEMENTATION:

• For smaller offices it may be feasible to send this form via email and have employees complete it as soon as they arrive at work and turn in to their manager at the beginning of the workday.
• Some companies are posting this at the employee entrance for employees to read and sign a separate acknowledgment form and having the manager or designated person review the forms at the time of completion.
• Best practice would be for each location or department manager to ask the questions of their employees at the beginning of the workday/shift so you have the ability to ask follow up questions and not simply rely on the assumption that the employee will read/answer questions truthfully.

Keep in mind that the purpose of this screening is to ensure that if an employee answers yes to any question they are sent home immediately and the reason is logged as applicable.  Additional information and required lengths to remain at home are noted on the Questionnaire.

Sending mass text messages or emails prior to beginning work is not recommended as there could be related exposure for wage claims (when having them complete off the clock) or issues of business expense reimbursement if you are not already providing reasonable business expense reimbursement for use of their personal cell phones.

DOL- Families First Coronavirus Response Act

Here are just a few key points/clarification on the paid leave and applicability, however if you have additional questions please contact us.

• FFCA is applicable only to Leaves or requests occurring April 1^st or later, this Leave or applicable paid time is not retroactive.
• Given that “essential businesses” are exempt from various Shelter in Place orders, The DOL clarified that the various counties’ Shelter In Place orders and the State’s Stay At Home order do not constitute “a federal, state or local quarantine or isolation order related to COVID-19”.  Thus, employees sent home due to a Shelter Order or Governor Newsom’s Stay At Home Order, and who do not meet one of the other 5 criteria, are NOT entitled to receive the new paid sick leave. You must post the attached Poster in the workplace.
• The following is the documentation that you may require of employees requesting paid time off under this new Act
  • Documentation Required to Substantiate Leave Payments
    (From the IRS) An Eligible Employer will substantiate eligibility for the sick leave or family leave credits if the employer receives a written request for such leave from the employee in which the employee provides

1. The employee’s name;
2. The date or dates for which leave is requested;
3. A statement of the COVID-19 related reason the employee is requesting leave and written support for such reason; and
4. A statement that the employee is unable to work, including by means of telework, for such reason.

In the case of a leave request based on a quarantine order or self-quarantine advice, the statement from the employee should include the name of the governmental entity ordering quarantine or the name of the health care professional advising self-quarantine, and, if the person subject to quarantine or advised to self-quarantine is not the employee, that person’s name and relation to the employee.

*NOTE THIS DOES NOT APPLY TO GENERAL SHELTER IN PLACE ORDERS FOR ESSENTIAL BUSINESSES

In the case of a leave request based on a school closing or child care provider unavailability, the statement from the employee should include the name and age of the child (or children) to be cared for, the name of the school that has closed or place of care that is unavailable, and a representation that no other person will be providing care for the child during the period for which the employee is receiving family medical leave and, with respect to the employee’s inability to work or telework because of a need to provide care for a child older than fourteen during daylight hours, a statement that special circumstances exist requiring the employee to provide care.

As always, please contact us should you have additional questions and we will continue to share information with you as it becomes available.