Yesterday, the State of Minnesota reported its first double-digit positive test rate for Covid-19, and has been reporting record numbers of positive tests for weeks.  Across the country, many states are experiencing significant upticks in Covid-19 as students are back in school and fall activities are continuing.  Many schools, if they have not already, are shifting to either a full “learn from home” model or a hybrid model of learning, where students are at school for a certain number of days each week and learning from home during others.

With the uptick in positive cases, it seems like only a matter of time before states are placed back in quarantine mode, with heavy restrictions on public gatherings and travel.  It’s important for us to remember some of the guidelines for employees as well as leave requirements under the Families First Coronavirus Act.

First and foremost, the directive from the Minnesota Governor’s Office is still in place: If employees can work from home, they should.  A number of employers have discovered through the course of this pandemic that their employees don’t have to actually be in the office in order to be successful; many employers are getting productive work from their employees while working from home.  It’s such that many employers have shifted to a permanent work-from-home model of employment for their workers.  Employees can still be held to the same production standards, and are not entitled to any additional time off or breaks just because they work from home.

The Families First Coronavirus Recovery Act (FFCRA) provides two different kinds of leave available for employees across the country: the first is two weeks of sick leave to be provided to employees who become ill or whose family members become ill, or those who are required to quarantine due to exposure to Covid-19; the second is for parents whose children’s childcare or schools have shut down due to coronavirus, which can last up to 12 weeks.

In August, following a decision by a federal court in New York, the Department of Labor modified its final rule on the leave provisions in a couple different ways.  First, it allowed employees to utilize the 12 weeks of paid leave due to school closure intermittently, rather than requiring employees to take the leave all at once.  This will be incredibly important as schools shift to hybrid learning and parents need to take time off for students to learn from home.

The second change involved the Act’s definition of healthcare provider.  While the Act originally made hospital workers exempt from the leave provisions of the FFCRA, the DOL has clarified that only those involved with the direct provision of care to patients are exempt from the leave provisions of the Act.

With many employees having already gone through their leave allowances this year due to shutdowns and school closures, and the lack of additional action taken by either state or federal legislature since the original Coronavirus acts were passed, there is a chance that many employees will be forced to make the choice between working and taking care of their children.

When employees are faced with making this difficult decision, it is important for employers to maintain open to alternative work arrangements or creative solutions.  If a situation cannot be helped, it’s important for employers to keep the lines of communication open with employees so that they have an understanding of what their options are.  In addition, policies that were originally developed at the beginning of the pandemic may need to be revamped in order to keep with the ever changing social, economic, and political landscape.

If you, or your organization, are in need of guidance with navigating the difficult decisions that must be made during this continued pandemic, contact the Wiley Law Office, for employee management advice that works.