American Dental Association COVID 19 FAQs

American Dental Association Covid 19 Faqs-Free PDF

  • Date:21 Nov 2020
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The FFCRA also adds a paid sick leave obligation, Covered employers must provide up to 80 hours of paid sick leave for employees for the. following reasons, 1 The employee is subject to a federal state or local quarantine or isolation order. related to COVID 19, 2 The employee has been advised by a healthcare provider to self quarantine due. to concerns related to COVID 19, 3 The employee is experiencing symptoms of COVID 19 and seeking a medical. 4 The employee is caring for an individual who is subject to an order as described. in subparagraph 1 or has been advised as described in paragraph 2. 5 The employee is caring for their child if the school or place of care of the child. has been closed or the childcare provider of the child is unavailable due to. COVID 19 precautions, 6 The employee is experiencing any other substantially similar condition specified.
by the Secretary of Health and Human Services in consultation with the. Secretary of the Treasury and the Secretary of Labor. 3 Are full time and part time employees eligible for different amounts of paid. sick leave, Yes Full time employees are entitled to 80 hours of paid sick leave A part time employee. is entitled to leave for his or her average number of work hours in a two week period. 4 How are hours worked by a part time employee calculated. Dental practices should calculate the hours of leave based on the number of hours the. employee is normally scheduled to work If the normal hours scheduled are unknown or. if the part time employee s schedule varies the employer may use a six month average. to calculate the average daily and weekly hours If the employee has not been employed. for at least six months the employer may use the number of hours that the Dental practice. and the employee agreed that the employee would work upon hiring. 5 How much money will an employee receive for FMLA and sick leave under. The first 10 days of FMLA leave due to school closures are unpaid Subsequent absences. for this reason must be paid at two thirds the employee s regular rate of pay For paid. FMLA leave the law includes a 200 per day cap and 10 000 total cap per employee. During the unpaid portion of FMLA leave an employee may elect to substitute FFCRA. paid sick leave or any accrued vacation leave personal leave or medical sick leave for. the unpaid leave However employers cannot force to the employee to use FFCRA paid. sick leave or other accrued paid leave during this time. The amount of pay received for paid sick leave depends on the employee s reason for. taking the leave For absences related to the employee s own care the first three reasons. listed above the employee must receive the greater of the employee s regular rate of pay. or the applicable minimum wage capped at 511 per day or 5 110 in total. For absences to care for others the last three reasons listed above the employee must. receive two thirds of the employee s regular rate or the applicable minimum wage capped. at 200 per day or 2 000 in total, 6 Does the FFCRA provide a new 12 week FMLA entitlement period. No The FFCRA does not provide a new 12 week entitlement period it simply adds. another reason for leave and specifies payment for that leave. 7 Do the usual FMLA eligibility rules apply, No To be eligible for the expanded FMLA leave an employee must have been employed. for at least 30 calendar days prior to the leave The usual FMLA requirements that the. employee has been employed for a year worked for at least 1 250 hours and works in a. location where there are 50 employees within a 75 mile radius do not apply. 8 May a dental practice require an employee to supplement their FFCRA using. other available paid leave, No and an employee may not unilaterally require an employer to do so The employer. and employee may jointly agree that the employee s existing paid vacation personal. medical or sick leave may be used to supplement their FFCRA benefits. 9 When does the FFCRA go into effect, Both the paid FMLA and the Paid Sick Leave provisions take effect April 1 2020 They will.
remain in place until the end of 2020,10 What tax benefits are available the FFCRA. Covered employers will receive a refundable tax credit against the employer share of. Social Security taxes equal to 100 of qualified paid sick leave wages paid for each. calendar quarter up to the wage caps previously discussed Covered employers may also. take advantage of a Medicare tax credit which has been increased to account for the. employer s expenses associated with maintaining group health plan coverage to the. extent excludable from employee income, Employers should consult their tax professional to learn more about how to take advantage. of these tax credits, 11 Do dental practices need to maintain documentation under the FFCRA. Yes If an employee takes paid leave under the FFCRA the dental practice must require. the employee to provide appropriate documentation in support of the reason for the leave. According to IRS guidance posted March 31 2020 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, 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. 12 Who is a health care provider who may be excluded by their employer from. paid sick leave and or expanded family and medical leave. The USDOL has provided the following FAQ on this question However please note that. such FAQs are not law and could be subject to change without notice. For the purposes of employees who may be exempted from paid sick leave or expanded. family and medical leave by their employer under the FFCRA a health care provider is. anyone employed at any doctor s office hospital health care center clinic post secondary. educational institution offering health care instruction medical school local health. department or agency nursing facility retirement facility nursing home home health care. provider any facility that performs laboratory or medical testing pharmacy or any similar. institution employer or entity This includes any permanent or temporary institution. facility location or site where medical services are provided that are similar to such. institutions, This definition includes any individual employed by an entity that contracts with any of the. above institutions employers or entities institutions to provide services or to maintain the. operation of the facility This also includes anyone employed by any entity that provides. medical services produces medical products or is otherwise involved in the making of. COVID 19 related medical equipment tests drugs vaccines diagnostic vehicles or. treatments This also includes any individual that the highest official of a state or territory. including the District of Columbia determines is a health care provider necessary for that. state s or territory s or the District of Columbia s response to COVID 19. To minimize the spread of the virus associated with COVID 19 the Department. encourages employers to be judicious when using this definition to exempt health care. providers from the provisions of the FFCRA, 13 When does the small business exemption apply to exclude a small business. from the provisions of the Emergency Paid Sick Leave Act and Emergency. Family and Medical Leave Expansion Act, The USDOL has indicated that an employer with fewer than 50 employees small.
business is exempt from providing paid sick leave and expanded family and medical leave. due to school or place of care closures or child care provider unavailability for COVID 19. related reasons when doing so would jeopardize the viability of the small business as a. going concern A small business may claim this exemption if an authorized officer of the. business has determined that, a The provision of paid sick leave or expanded family and medical leave would. result in the small business s expenses and financial obligations exceeding. available business revenues and cause the small business to cease. operating at a minimal capacity, b The absence of the employee or employees requesting paid sick leave or. expanded family and medical leave would entail a substantial risk to the. financial health or operational capabilities of the small business because of. their specialized skills knowledge of the business or responsibilities or. c There are not sufficient workers who are able willing and qualified and who. will be available at the time and place needed to perform the labor or. services provided by the employee or employees requesting paid sick leave. or expanded family and medical leave and these labor or services are. needed for the small business to operate at a minimal capacity. 14 If I am a small business with fewer than 50 employees am I exempt from the. requirements to provide paid sick leave or expanded family and medical. The USDOL has indicated that A small business is exempt from certain paid sick leave. and expanded family and medical leave requirements if providing an employee such leave. would jeopardize the viability of the business as a going concern This means a small. business may be exempt from mandated paid sick leave or expanded family and medical. leave requirements only if,o the employer employs fewer than 50 employees. o leave is requested because the child s school or place of care is closed or. child care provider is unavailable due to COVID 19 related reasons and. o an authorized officer of the business has determined that at least one of the. three conditions described above in question 13 is satisfied. The Department encourages employers and employees to collaborate to reach the best. solution for maintaining the business and ensuring employee safety. 15 Where can I get more information about the FFCRA. Additional guidance and FAQs can be found in this Jackson Lewis article or the USDOL s. FFCRA Questions and Answers page Additionally the USDOL should be issuing. regulations shortly,Closures Layoffs and Other Responses Related to. 1 Are employees entitled to paid leave under the FFCRA if the dental practice. is closed temporarily or permanently due to COVID 19. No If a dental practice closed either temporarily or permanently as a result of COVID 19. including due to federal state or local closure orders employees will not be entitled to. the benefits provided by the FFCRA, Employees may be eligible for Unemployment Insurance see below.
2 If a dental practice closes temporarily or permanently while an employee is. on paid leave under the FFCRA what happens, If a dental practice closes while an employee is on paid leave under the FFCRA the dental. practice must pay for any paid sick leave or expanded family and medical leave the. employee used before the Practice closed As of the date the dental practice closes the. employee is no longer entitled to leave under the FFCRA This is true whether the closure. is due to lack of business or a required closure pursuant to a Federal State or local. 3 Do any laws apply to the temporary or permanent shutdown of a dental. practice or layoff of dental practice employees, Yes Certain laws may apply to employers with 50 or more full time employees who layoff. or permanently shut down a worksite We recommend consulting with legal counsel before. taking these actions, 4 Are there ways for an employer to manage its workforce other than through. terminations, Yes While terminations are one method to handle the current crisis it is certainly not the. only one A dental practice could creatively manage its workforce through a combination. of hours reductions wage reductions and furloughs temporary layoffs Furloughs can. occur on a periodic basis and do not necessarily need to occur in large blocks A dental. practice could also move toward a rotating staff for example two weeks on two weeks. 5 How must a furlough or reduction in hours be communicated to employees. It must be communicated to employees that the furlough or hours reduction is temporary. and that the intent is for the employees to return to their jobs and or regular work schedule. The following FAQs have been prepared to provide guidance as the American Dental Association responds to developments in connection with the 2019 novel Coronavirus COVID 19 Jackson Lewis attorneys are monitoring this developing situation which will continue to evolve during the coming weeks You should monitor the Centers for Disease Control and Prevention CDC and the Department of Labor

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