The spread of Coronavirus Disease 2019 (COVID-19) presents a dynamic situation for employers and HR professionals. Prevention and containment measures have the potential to be impacted and dictated by multiple federal and state laws. The attorneys at Barran Liebman LLP are well-positioned to provide tailored advice on the following employment-related issues:
 

The Families First Coronavirus Response Act (FFCRA) has been extended until March 2021 for employers who voluntarily choose to provide leave. Meaning, employers may still receive tax credits for providing leave to employees, but employers are no longer required to provide leave under the FFCRA. As a reminder, the FFCRA provides two new leave benefits to employees: Emergency Paid Sick Leave (EPSL) and Expanded Family Medical Leave (EFMLA).  With these new categories of protected leave and updates to the FFCRA in 2021, it is crucial for employers to determine whether they will continue to provide FFCRA leave to employees and have clear policies and forms addressing how they will administer these benefits to avoid conflicts and litigation with employees, as well as to claim available tax credits.  A good policy will address whether the employer will continue to provide FFCRA leave until March 2021, whether (and under what conditions) intermittent leave is permitted, as well as whether employees may supplement EPSL and EFMLA with employer-provided sick and vacation time to bring wages up to 100%.  
 
Contact our team to prepare customized policies and forms for your workplace.  A custom package includes a FFCRA policy, Emergency Leave Request Form, and a Designation Notice that covers EPSL and EFMLA, as well as OFLA/FMLA. 
 

Sean Ray Shayda Le, and Sarah Hale have covered coronavirus issues on local media, including KOIN 6 News, Oregon Public Broadcasting, and the Portland Business Journal.  Amy Angel, Trevor Caldwell, Josh Goldberg, Sarah Hale, Charlotte Hodde, Wilson Jarrell, Chris Morgan, and Andrew Schpak have also authored on coronavirus in the workplace for various publications, including the Daily Journal of Commerce, Cascade Business News, and the Portland Business Journal.

Recent publications can be found here:

• Cascade Business News: OSHA Issues New Federal Guidance for Employers in Addressing COVID-19
• Oregon Public Broadcasting: Can Oregon Employers Require COVID-19 Vaccination? It's Complicated
• Oregon Business Report: What Employers Need to Know About PPP Changes
• The Portland Business Journal: Laws Every Portland Employer Should Know About for 2021
• Daily Journal of Commerce: NLRB’s Guidance on COVID-19 Policies for Unionized Employers
• Cascade Business News: Attention Federal Contractors: Are Your Remote Workers Counted in the Correct Establishment?
• The Portland Business Journal: How a Portland Law Firm Manages to Litigate in 2020
• Association of Corporate Counsel Newsletter: Reshaping HR During a Pandemic: Now, Next & Beyond
• Daily Journal of Commerce: Practical Steps to Address COVID-19 Workplace Safety Liability
• Cascade Business News: What Businesses Need to Know about the Duty to Bargain with Unions During COVID-19
• Daily Journal of Commerce: Considerations for Bringing Back Furloughed or Laid-Off Employees
• Cascade Business News: Total Recall: Returning to Work after COVID-19
• COVID Commotion: How to Navigate the Work from Home Waters
• Cascade Business News: Hiring in the Time of COVID: Best Practices for Employer Re-Opening Plans
• The Portland Business Journal: Re-Opening for Business: Best Practices for Workplace Success
• Daily Journal of Commerce: Four Key Considerations for Employers When the Lockdown Ends
• Cascade Business News: Workplace Safety & Legal Compliance Amidst COVID-19
• Daily Journal of Commerce: Remote Work: Harnessing the Benefits While Minimizing the Risk
• Daily Journal of Commerce: Guidance for Employers Regarding the Coronavirus Outbreak
• Cascade Business News: Coronavirus in the Workplace: Safety Considerations for Employers with Employees Returning from Coronavirus-Infected Areas

Sign up here to stay apprised of COVID-19 implications for employers with Barran Liebman’s complimentary Electronic Alerts.  Recent E-Alerts and other resources related to COVID-19 can be found here:
 

• Should Employers Require COVID-19 Vaccinations? Considerations & Best Practices for Employers
• What the Consolidated Appropriations Act of 2021 Means for Your Retirement & Health Plans
• Happy New Year! It's Time to Review Policies & Procedures for Workplace Complaints
• Federal Stimulus Update Part 1: What Employers Need to Know About the PPP
• Oregon Law Restricts Healthcare Employers Who Want to Require COVID-19 Vaccination
• January 6: Ventilation Requirements Reminder
• What the Consolidated Appropriations Act of 2021 Means for Your Health FSA & Dependent Care Account Plans
• This Is Just In! - FFCRA Leave To Be Voluntary in 2021
• December 21: Employee Information & Training Deadline
• EEOC Issues Guidance on COVID-19 Vaccinations
• Can Employers Require Workers to Get a COVID-19 Vaccine?
• Oregon OSHA Releases New Temporary COVID-19 Rules Implicating Almost Every Oregon Employer
• CDC Revises Definition of “Close Contact” for COVID-19 Exposure
• Applying the New FFCRA “Health Care Provider” Exclusion
• Who Cares About the CARES Act? Hint: The Answer Just Might Be You.
• Workplace Drug & Alcohol Policies in the Era of COVID-19
• FFCRA Leave Rules in Limbo After Federal Court Decision
• It’s Time to Prepare for Employees Juggling Online School and Work Again
• CDC Issues Guidance on COVID-19 Testing in the Workplace
• Additional Guidance From the DOL on FFCRA Leave & New Leave for Oregon Employees Affected by COVID-19
• Time to Review Your Temporary Work-From-Home Policies & Agreements
• New Oregon Employment Department Informational Website
• Enforcing OHA’s Face Mask Requirements
• School is Out, but Child Care Issues Remain: Navigating FFCRA & OFLA Child Care Leave Requests During Summer Break
• What Oregon Businesses Need to Know About OHA’s Updated Face Mask Requirements
• Small Business Administration Issues Interim Final Rule in Response to Paycheck Protection Program Flexibility Act
• Returning to the Office: Phase 2 Reopening Plan Allows Businesses to Resume In-Office Work
• Take Notice: Updates to the Terms of the Paycheck Protection Program
• OSHA Issues Updated Guidance to Employers for Recording COVID-19 Cases
• COVID-19 Employee Benefits Round-Up
• EEOC Offers Reprieve to Employers from Employee Reporting Due to COVID-19
• Has Your Temporary Layoff Been Extended?
• Top Ten Considerations for Employee Benefit Plans During the COVID-19 Pandemic
• New Temporary Exemptions From Maximum Working Hour Requirements
• Ins & Outs of FFCRA Tax Credits
• Department of Labor Releases New COVID-19 Paid Leave Rule
• Today is April 1: Know What Documentation to Collect From Employees Requesting FFCRA
• Today is April 1: FFCRA Eligibility Begins; Posted Notice is Required
• Coronavirus-Related Financial Assistance Update for Employers
• Expanded DOL Guidance on New Paid Leave Laws
• Alternatives to Layoffs for Employers Navigating the COVID-19 Pandemic
• New Start Date: Emergency Paid Sick Leave (EPSL) & Expanded FMLA (EFMLA) Leave Now Required April 1 (Not April 2)
• Oregon's Executive Order Shuts Down Specific Businesses & Tightens Social Distancing Measures for Others
• Equal Employment Opportunity Commission (EEOC) Issues Updated Guidance Permitting Employee Body Temperature Checks
• New Federal Emergency Family Leave & Emergency Paid Sick Leave as Part of Coronavirus Aid Package
• Layoffs & Mandatory Closures: What Employers Need to Know & Consider
• Retirement Plan Fiduciary Action During Events Like COVID-19
• Oregon Sick Time, School Closures, & Quarantined Employees
• Coronavirus in the Community: How Employers Should Respond to the Outbreak