The Department of Labor issued guidance for employers and employees regarding the new requirements for paid sick leave and paid family medical leave. See below for this important information.
Paid Sick and Family Medical Leave Eligibility
On March 18, 2020, the Families First Coronavirus Response Act (FFCRA) passed in the US Senate and was signed into law. Effective as of April 1, 2020, the FFCRA required certain employers (under 500 employees) to provide employees with paid sick leave or expanded family and medical leave for specified reasons related to COVID-19. That requirement expired on December 31, 2020. However, a subsequent Colorado bill, the Healthy Families and Workplaces Act, requires that all employers provide up to 80 hours of paid sick leave for leave related to a public health emergency (i.e.COVID-19) as of January 1, 2021. Employers are only responsible for providing the difference between any paid sick leave an employee taking COVID-19 leave has accrued and 80 hours.
For more information click HERE for an article from the law firm Fisher Phillips.
Click HERE for additional guidance from the Colorado Department of Labor and Employment.
Paid Leave and Tax Credit for Small Businesses
To offset the costs of paid time off for leave related to COVID-19, covered employers (under 500 employees) qualify for dollar-for-dollar reimbursement through tax credits for all qualifying wages. NOTE: While the federal requirement to provide paid leave expired on December 31, 2020, covered employers providing such leave remain eligible for federal tax credits through March 31, 2021. Qualifying wages are those paid to an employee who takes leave for qualifying reasons under the FFCRA, up to the appropriate per diem and aggregate payment caps. Applicable tax credits also extend to amounts paid or incurred to maintain health insurance coverage. For more information, please see the Internal Revenue Service’s guidance and FAQs.
To help you and your employees understand what is considered qualified leave, Rocky Mountain MCA created this COVID-19 paid leave eligibility one-pager. The document includes a chart outlining benefits and eligibility under various scenarios, as well as information on tax credits for employer reimbursement.
CDC, OSHA and EEOC
- Centers for Disease Control and Prevention’s (CDC) Interim Guidance for Businesses and Employers
- When to Quarantine – CDC Quarantine Guidelines
- OSHA Guidance for Returning to Work
- Click HERE for a COVID-19 Employer FAQ that compiles guidance from CDC, OSHA, and EEOC.
- On May 7th, the EEOC released its updated technical assistance document, which includes information about COVID-19 as it related to the ADA, the Rehabilitation Act, and other EEO laws. The guidance was updated as of September 8.
Colorado Department of Public Health and Environment (CDPHE)
- Click HERE for CDPHE’s multi-industry construction guidance. (NOTE: As of May 5, the guidance no longer requires mandatory temperature checks of employees)
- Click HERE for additional guidance for “Field Services”
- Click HERE for a COVID-19 Employee Health Screening Form for Onsite Screening.
- Click HERE for CDPHE’s website demonstrating how to conduct a facility health screening.
Webinars with Fisher Phillips
Rocky Mountain MCA and the MEP Alliance, along with AGC of Colorado, is hosting a series of webinars with law firm Fisher Phillips to provide the latest COVID-19 related insights and guidelines for employers.
Fisher Phillips Resources
Job Site Safety Best Practices
Rocky Mountain MCA, in collaboration with our general contractor partners, helped develop broad guidelines, recommendations, and best practices for operating job sites effectively and responsibly in the face COVID-19. These guidelines are designed to protect the health and safety of our employees and ensure the continued viability of our job sites. NOTE: These guidelines are not project-specific and each contractor should create site specific plans that address the unique circumstances of each project.