COVID-19: Return to Work Q&As

By Bello Welsh LLP

  1. What safeguards should employers consider implementing to protect employees (and customers, visitors, and vendors) after state and local authorities allow non-essential businesses to reopen?

The following list is compiled from guidance published by the Centers for Disease Control and OSHA:

  • Develop an infectious disease preparedness and response plan
    • Identify a workplace coordinator responsible for COVID-19 issues
    • Identify which workers, customers, individuals may be exposed (or transmit), or where within the work place such exposure/transmission may occur
    • Develop contingency plans
      • Increased rate of worker absenteeism
      • Need for social distancing, staggered work shifts, and other exposure-reducing measures
      • Need to modify existing supply chains
    • Actively encourage sick employees to stay home
    • Review policies and consider implementing new policies (see Q&A 13, below) to make sure that policies and practices are consistent with public health recommendations, as well as applicable laws
    • Support respiratory etiquette and hygiene
    • Increase environmental cleaning and disinfection
    • Maintain a healthy work environment (for example, improving building ventilation systems)
  1. Does fear of contracting COVID-19 justify an employee’s refusal to work on-site?

An employee’s fear about contracting the virus will not typically justify a refusal to work, unless the fear is related to a serious health condition.  In that circumstance, the employee could be eligible for traditional FMLA leave subject to the normal notice and certification process, but only if the underlying condition would independently be eligible for FMLA leave.

That said, while not likely, an employee could refuse to work if he/she has a good faith, reasonable, and demonstrable fear that they are in “imminent danger” of immediate death or serious physical harm.  According to OSHA and as applicable to COVID-19, the following conditions must be met before a hazard becomes an imminent danger:

  • There must be a threat of death or serious physical harm. “Serious physical harm” means that a part of the body is damaged so severely that it cannot be used or cannot be used very well.
  • For a health hazard there must be a reasonable expectation that toxic substances or other health hazards are present and exposure to them will shorten life or cause substantial reduction in physical or mental efficiency. The harm caused by the health hazard does not have to happen immediately.
  • The threat must be immediate or imminent. This means that the employee must believe that death or serious physical harm could occur within a short time, for example before OSHA could investigate and remedy the situation.

There also is the potential that employees could cite to the protections for “concerted” activity as a basis for refusing to work.  Section 7 of the National Labor Relations Act (NLRA) extends broad-based statutory protection to employees who engage in “protected concerted activity for mutual aid or protection.” This protection, which applies in both union and non-union environments, include circumstances in which two or more employees act together to improve their employment terms and conditions and could encompass situations where employees participated in a “concerted refusal” to work in unsafe conditions.  If this situation presents itself, we strongly recommend consulting legal counsel before taking any action.

  1. Can an employer discipline or terminate an employee who refuses to report to work from a generalized fear of contracting COVID-19?

Generally, an employer may discipline or terminate a worker who refuses to work (or return to work).  While in ordinary circumstances this would be deemed a resignation and disqualify the individual from receiving unemployment benefits, it remains to be seen how unemployment agencies will handle such cases in the context of COVID-19.

  1. Does the previous answer change if the employee refused to return to work for one of the reasons identified in the “CARES” Act that provides eligibility for unemployment benefits?

Probably not.  Eligibility for unemployment is a distinct issue from the right to discipline or terminate an individual. The Coronovirus Aid, Relief, and Economic Security Act (“CARES Act”) provides for Pandemic Unemployment Assistance (“PUA”) for individuals who certify that they are otherwise able and available to work (within the meaning of state law), but are unemployed, partially unemployed, or unable or unavailable to work for a wide range of reasons related to COVID-19.  For more information about expanded eligibility for unemployment benefits under the CARES Act, please see our Alert dated March 30th on this topic. That said, employers should consider the practical “fall-out” from terminating an individual in such circumstances in terms of employee relations, social media about the company, and the like.

  1. What if the employee refuses to return to work because he or she is in a high-risk group, such as over the age of 65 or with an underlying health condition?

This is a complex subject as it requires balancing obligations and rights in a way that is highly dependent on the facts of the situation.  In the case of an underlying health condition, an employer would be required to explore reasonable accommodations for an employee who refuses to report to work because of a health condition that meets the definition of a “disability.”  In accordance with EEOC guidance, accommodations could include: increasing distancing or installing barriers that reduce the chances of exposure; elimination of marginal job duties; temporary transfers to a different position; or modifying a work schedule or shift assignment.  Employers may also choose to place an end date on the accommodation.  An employer may also grant an accommodation on a temporary basis until, for example, government recommendations on social distancing are relaxed.  These situations are highly fact specific, and you should consult with legal counsel if this type of scenario presents itself.

  1. Can employees insist that they be allowed to continue working remotely?

In most circumstances, no.  There could be situations, however, where an employer would need to consider work from home as a reasonable accommodation for a “disability” under the ADA or applicable state law. To date, neither the EEOC nor the Massachusetts Commission Against Discrimination has provided guidance as to whether either would consider COVID-19 to be a “disability,” in and of itself.  It is likely that there will not be a single answer to this question, and it may well depend on the severity and longevity of the COVID-19 infection for an individual.  Again, if this situation presents itself, you should consult legal counsel before taking action.

  1. May employers implement health screening protocols before allowing employees to return to the workplace?

Yes, to determine whether those entering the workplace would pose a direct threat to health in the workplace.  Appropriate health screening protocols may include asking about symptoms, taking workers’ temperature, and conducting or requiring COVID-19 tests.

Symptom screening: Employers may ask all who enter the workplace whether they have exhibited COVID-19 symptoms. When asking about specific symptoms, employers should rely on the CDC, other public health authorities, and reputable medical sources for guidance on emerging symptoms associated with the disease.

Temperature taking:  Although measuring an employee’s body temperature is generally considered to be a prohibited medical examination, because the CDC and state/local health authorities have acknowledged community spread of COVID-19 and issued attendant precautions, employers may measure employees’ body temperature. However, employers should be aware that some people with COVID-19 do not have a fever.

Employers that decide to take the temperature of those entering the workplace should consider various related logistical issues, such as: what type of device to use; who will be the temperature taker; what type of protective equipment should the temperature taker wear; and how to protect the health and confidentiality of the employees being tested.

COVID-19 testing:  Yes.  Although a COVID-19 test will be deemed a “medical test” and therefore it must be “job related and consistent with business necessity,” the latest guidance from EEOC is such tests are permissible.

Employers of course should ensure that the tests are accurate and reliable.  For example, employers should review guidance from the FDA about what may or may not be considered safe and accurate testing, as well as guidance from CDC or other public health authorities, and check for updates.

Employers may also ask that employees have a COVID-19 test taken elsewhere, with the results presented to the employer before entering the workplace.  The employer will be required to pay for the test.

Antibody testing:  There is no specific guidance yet regarding whether an employer can take or require an antibody test, although ultimately, as the science around antibody testing develops, this is likely to be subject to the same standard as a COVID test.  At this time, however, there remains substantial medical debate about whether the presence of COVID-19 antibodies means that the person with the antibodies is immune and, if so, how long the immunity lasts.  And, although the FDA has approved certain antibody tests under its “emergency use” authority, as of yet, these tests have not been subject to rigorous validation studies.  Further, the presence of antibodies does not rule out that the individual with antibodies has a current COVID-19 infection.  Given the uncertainty, we recommend caution in this area, and further consultation before implementing this form of testing.

For information about maintaining the confidentiality of the results of health screenings, see Q&A 11 and 12, below.

  1. May an employer who implements health screening protocols before allowing employees to return to the workplace limit the screening protocols to high-risk individuals?

Likely no.  Limiting screening to individuals who otherwise are protected by anti-discrimination laws, such as individuals over a certain age, who are pregnant, or who have underlying medical conditions, will be viewed by the EEOC and similar state agencies as unlawful discrimination.

  1. If an employee has symptoms of COVID-19 such as a fever, chills, or other symptoms recognized by the CDC or other governmental health authorities, can an employer send the individual home and when can they return to work?

Yes.  Although an employee has a fever or other symptoms common to COVID-19, employers may (and should) send the employee home.

Current CDC guidelines indicate that individuals with COVID-19 who have self-isolated may leave isolation after having no fever for 72 hours without the use of fever-reducing medication, other symptoms have improved, and 7 days have passed since symptoms first developed.  The most common period of time before an individual should return to work is, therefore, 14 days.  We are unaware of any guidance from the CDC that directs how long an individual should self-isolate after having a fever but experiencing no other symptoms of COVID-19.

  1. May employers discipline employees who fail to follow employer-imposed safety policies/guidelines (including refusing to allow health screening)?

Yes, but of course discipline should be implemented in a manner unrelated to any protected status.  For example, an employer may not discipline a “high-risk” individual (i.e., an older worker or one with an underlying medical condition) who refuses to follow safety guidelines, but not respond in a similar manner to an employee engaged in the same conduct who is deemed “low risk.”

  1. May an employer maintain records relating to health screening and, if so, how should these records be maintained?

Employers may- and should- maintain records of health screenings, including an employee’s statement that they have or suspect they may have the disease, or the employer’s notes or other documentation from questioning an employee about symptoms.  However, as is required under the ADA, all medical information about a particular employee should be stored separately from the employee’s personnel file, and access should be limited.

  1. May an employer disclose the name of a worker who tests positive for COVID-19?

The answer to this is complicated, as the ADA and FMLA both prohibit the disclosure of information regarding the medical condition or history of an employee.  Accordingly, many advisors recommend that employers disclose that a co-worker or visitor to the workplace has tested positive or been exposed to COVID-19 without disclosing any identities.

This unfortunately can conflict with efforts to control the potential spread of COVID-19.  It is important from a public health perspective that those who have been in close contact with a person infected with COVID-19 be given sufficient information so they can take precautions to minimize the risk posed to themselves and others with whom they have close contact.  We recommend that an employer seek permission from an infected individual to disclose his or her identify; if permission is refused, the employer should consider whether the public health benefit outweighs the risk.  Consulting with legal counsel in such situations is strongly advised.

An employer also should ask an employee who has tested positive for COVID-19 for a list of all individuals with whom he or she came into contact in the workplace over the prior 14 days, as well as office areas and shared spaces visited.  The fact that another individual has potentially been exposed should then be disclosed to anyone in the workplace who may have had contact with the infected individual, or who may have visited the same spaces within the offices over the prior few days (without necessarily disclosing the identity of the infected individual).

  1. What policies should employers consider implementing or updating as employees begin to return to the workplace?

Employers should review current policies and practices and/or implement new policies and practices, consistent with public health recommendations and applicable laws, relating to the following topics:

  • Sick leave.
  • Flexible work arrangements. This includes alternate worksites (telework), hours (staggered shifts), and meeting and travel options.
  • Health and workplace safety standards, including physical layout (separating work-spaces to maintain distance), environmental controls, and personal protective equipment.
  • Stagger scheduled breaks and presence in common areas (cafeterias).
  1. Are the circumstances of the pandemic relevant to whether a requested accommodation can be denied because it poses an undue hardship?

In general, an employer does not have to provide a reasonable accommodation if doing so poses an “undue hardship,” which means “significant difficulty or expense.”  However, it is becoming clear that this concept, which has been interpreted narrowly and strictly by the EEOC and courts, will be applied more flexibly in the COVID context.  The EEOC itself has published guidelines reflecting that an accommodation that would not have posed an undue hardship outside of the pandemic may pose one now.  For example, EEOC has reflected that it may be significantly more difficult now to conduct a needs assessment or to acquire certain items, and delivery may be impacted, particularly for employees who may be teleworking.  Similarly, EEOC has noted that it may be significantly more difficult to provide employees with temporary assignments, to remove marginal functions, or to readily hire temporary workers for specialized positions.  Also, prior to the COVID-19 pandemic, the EEOC and courts typically found that most accommodations do not pose a significant expense when considered against an employer’s overall budget and resources.  But, even the EEOC concedes that the sudden loss of some or all of an employer’s income stream because of this pandemic is now relevant, as are the availability of discretionary funds.  If a particular accommodation poses an undue hardship, employers and employees should work together to determine if there may be an alternative that could be provided that does not pose such problems.

 

Federal Pandemic Unemployment Compensation Program under the CARES Act

By Bello Welsh LLP

On April 4, 2020, the Department of Labor published Unemployment Insurance Guidance Letter (“UIPL”) 15-20, which includes implementing and operating instructions for the Federal Pandemic Unemployment Compensation (“FPUC”) Program provided for as part of the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act of 2020.

In short, the FPUC Program provides eligible individuals with $600 per week in addition to the weekly benefit amount they receive from certain other unemployment compensation programs, including CARES Act programs such as the Pandemic Unemployment Assistance (“PUA”) program (applicable to self-employed individuals and independent contractors) and Pandemic Emergency Unemployment Compensation (“PEUC”) (extended benefits).

Importantly, any individual who is eligible to receive at least one dollar ($1) of underlying benefits for the claimed week will receive the full $600 FPUC.  FPUC is payable for weeks of unemployment beginning on or after the date on which the state enters into an agreement with the Department of Labor.  In states where the unemployment benefits week ends on a Saturday, the first week for which FPUC may be paid is the week ending April 4, 2020, provided an agreement was in place no later than March 28, 2020. In states where the unemployment benefits week ends on a Sunday, the first week for which FPUC may be paid is the week ending April 5, 2020, provided an agreement was in place no later than March 29, 2020.  FPUC is not payable for any week of unemployment ending after July 31, 2020.

Individuals are only entitled to benefits if they are no longer working through no fault of their own, and remain able and to work.  Quitting work without good cause to obtain additional benefits under the CARES Act qualifies as fraud.

 As with regular unemployment compensation, states will decide eligibility for FPUC based on eligibility for the underlying program; claimants do not have to separately apply for FPUC.  Also states, not employers, are required to notify potential eligible individuals of their entitlement to FPUC.

COVID-19: Expanded Unemployment Insurance Eligibility and Benefits Available Pursuant to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act)

In response to the COVID-19 emergency, the federal government has passed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) which includes provisions that significantly expand eligibility for unemployment benefits and increase available unemployment compensation. These changes are in addition to the recent changes made to the unemployment insurance program in Massachusetts, as explained in Bello Welsh’s prior client alert, available here. The following is a summary of these provisions, found in the Relief for Workers Affected by Coronavirus Act (“RWACA,” Title II, Subtitle A of the CARES Act).

Relief for Individuals Not Otherwise Eligible for Unemployment Compensation

The RWACA makes “Pandemic Unemployment  Assistance” (PUA) available to covered individuals who are not otherwise eligible for regular unemployment compensation under state or federal law, including self-employed individuals, independent contractors, those with limited work history, and those who have exhausted all rights to regular unemployment compensation under state or federal law.  (This is separate from the “Pandemic Unemployment Compensation” provisions discussed in the next section.)

Such individuals must certify that they are otherwise able and available to work (within the meaning of state law), but are unemployed, partially unemployed, or unable or unavailable to work for a wide range of reasons related to COVID-19:

  • The individual was diagnosed with COVID-19 or is experiencing symptoms and seeking a medical diagnosis;
  • A member of the individual’s household was diagnosed with COVID-19;
  • The individual is providing care for a family member or household member diagnosed with COVID-19;
  • A child or other person for which the individual has primary caregiving responsibility is unable to attend school or a childcare facility which is closed for the COVID-19 emergency;
  • The individual is unable to reach the place of employment because of quarantine or because the individual has been advised by a healthcare provider to self-quarantine;
  • The individual was scheduled to commence employment and does not have a job or is unable to reach the job as a result of the COVID-19 emergency;
  • The individual has become the breadwinner or major support for the household because the head of household has died as a direct result of COVID-19;
  • The individual had to quit their job as a direct result of COVID-19;
  • The individual’s place of employment is closed as a direct result of COVID-19; or
  • The individual meets any additional criteria established by the Secretary of Labor.

Individuals with the ability to telework with pay, and individuals receiving paid leave benefits (including paid sick leave), however, are not eligible for PUA.

This expanded eligibility is available for up to 39 weeks of unemployment, partial unemployment, or inability to work caused by COVID-19, beginning on or after January 27, 2020 and ending on or before December 31, 2020, as long as the covered individual’s unemployment, partial unemployment, or inability to work caused by COVID-19 continues.

The weekly benefit amount for covered individuals is the weekly benefit amount authorized under the unemployment compensation law of the state where the covered individual was employed (except that the amount may not be less than the minimum weekly benefit amount described in 20 C.F.R. § 625.6[1]), in addition to $600 per week as provided for by the Federal Pandemic Unemployment Compensation provisions (discussed below).

Expanded Unemployment Compensation for Currently Eligible Individuals

The RWACA also makes available “Pandemic Unemployment Compensation” (PUC), which significantly expands unemployment compensation available to individuals eligible for regular unemployment compensation under state law.  PUC is also available to individuals eligible for Pandemic Unemployment Assistance (PUA, discussed above).

  • Eligible individuals will receive an additional $600 per week, beyond the amount they are eligible to receive under state unemployment law, for up to 4 months. Pursuant to this provision, the maximum weekly benefit in Massachusetts will be $1,423.
  • Eligible individuals who remain unemployed may receive an additional 13 weeks of unemployment benefits after state unemployment benefits are exhausted. Pursuant to this provision, the maximum length of benefits in Massachusetts will be 39 weeks.

Note that, as drafted, the PUC provision means that some employees could receive a weekly unemployment benefit that is greater than 100% of the individual’s weekly wage when employed. The Act also includes a “nonreduction rule,” pursuant to which a participating state may not modify state law such that the number of weeks (maximum benefit entitlement) or weekly benefit amount would be reduced below the amounts in effect as of January 1, 2020.

WAITING PERIOD FOR UNEMPLOYMENT INSURANCE BENEFITS

The RWACA includes a reimbursement incentive for states to waive the waiting period generally applicable to an individual’s first week of unemployment. As explained in Bello Welsh’s prior client alert, Massachusetts has already implemented a waiver of the one-week waiting period for individuals who applied for unemployment on or after March 10, 2020 due to circumstances relating to COVID-19.

Work Search Requirements

Under the RWACA, individuals must continue actively seeking work to remain eligible for the benefits described above; however, the law directs states to provide flexibility in meeting work search requirements, in case of individuals unable to search for work because of COVID-19.  Massachusetts has already implemented such flexibility, as described in our prior client alert.[2]

We will continue to monitor legal developments related to COVID-19 and provide updates as new laws and regulations applicable to employers are enacted.

[1] This regulation contains detailed rules for calculating unemployment benefits amounts with reference to state law provisions, discussion of which is outside the scope of this document.

[2] The RWACA also contains provisions concerning temporary financing of, grants for, and assistance in implementing short-time compensation programs.  As Massachusetts already has a WorkShare program, these provisions may not have practical effect for Massachusetts employers.

COVID-19: Changes to Massachusetts Unemployment Insurance Program

By Bello Welsh LLP

In response to the COVID-19 emergency, there have been several key changes made to the eligibility and work search requirements for unemployment insurance. The following summarizes the changes applicable to impacted claimants in Massachusetts, and highlights additional changes that could be implemented as a result of the federal legislation that was just passed by the United States Senate and is currently under consideration by the House of Representatives, the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”).

WAITING PERIOD AND AMOUNT OF BENEFITS

Waiver of Waiting Period

Governor Baker recently signed an act temporarily authorizing waiver of the one-week waiting period for unemployment benefits for any person who has become separated from work as a result of any circumstance relating to the outbreak of COVID-19, or the effects of the governor’s March 10, 2020 declaration of a state of emergency. Accordingly, individuals who applied for unemployment on or after March 10, 2020 will receive benefits for the first week of unemployment.

Length and Amount of Benefits

Under existing Massachusetts law, eligible individuals can receive up to 26 weeks of unemployment benefits in a benefit year. The current weekly benefit amount is approximately 50% of the individual’s average weekly wage, up to a maximum of $823 per week. An individual may also receive $25 per dependent child.

The CARES Act would significantly expand the length and amount of unemployment benefits, by providing for an additional $600 per week, and an additional 13 weeks of benefits. (As this legislation remains subject to change, we will update this information as further details become available.)   This means that claimants will receive whatever unemployment benefit they would receive under state law, plus $600.  This could create the anomalous result that a claimant receives more in unemployment benefits than they would have been paid in the ordinary course; the bill is, of course, subject to change, whether before it passes or in a subsequent corrections bill.

Individuals who work part time hours may still be paid unemployment benefits if the gross wages are less than the individual’s weekly benefit amount. Such individuals must report any earnings to the Department of Unemployment Assistance (DUA) each week, and any earnings greater than 1/3 of the weekly benefit amount will be deducted from the weekly benefit payment.

CLAIMANTS IMPACTED BY COVID-19

The DUA has also filed emergency regulations, which make it easier for those impacted by COVID-19 to claim unemployment benefits. All requirements of attending seminars at the MassHire career centers have been suspended, and appeal hearings will be held by telephone only. Further, the DUA may excuse missed deadlines during the processing of a claim, if the reason for failing to meet the deadline is due to COVID-19.

Eligibility

Most individuals who are out of work due to being impacted by COVID-19 should be eligible for unemployment insurance benefits. Individuals who are temporarily unemployed due to COVID-19 – whether laid off, furloughed, or if their workplace is fully or partially shut down – and expect to return to work will be considered to be in “Standby Status,” and are eligible for unemployment benefits. According to the DUA’s updated guidance for filing a new unemployment claim, being impacted by COVID-19 for purposes of unemployment eligibility may also include, but is not limited to, the following:

  • Employee or someone in his/her household is quarantined (whether due to an order by a civil authority or medical professional, or a self-imposed quarantine based on a reasonable fear of illness or exposure)
  • Employee leaves employment due to reasonable risk of exposure or infection or to care for a family member and does not intend to or is not allowed to return to work
  • Employee, or someone the employee is caring for, is “high risk” (older adults and/or persons with serious chronic medical conditions)
  • Lack of childcare

Individuals impacted by COVID-19 will be presumed eligible for four weeks of standby status. Individuals do not need to provide medical documentation, and employers need not even respond that the individual is on standby. However, employers may request that standby status be extended to up to eight weeks, and the DUA can further extend such standby status if necessary.

Work Search Requirements

Individuals impacted by COVID-19 will not be subject to the usual work search requirements; rather, such individuals will satisfy this requirement by taking reasonable measures to maintain contact with their employer and being available to perform any work that their employer may have for them, that they are able to do. Note, however, that work will not be considered suitable if it endangers the health of the employee or others in the employee’s household, and an employee need not accept such work.

CLAIMANTS NOT IMPACTED BY COVID-19

Individuals applying for unemployment benefits for reasons unrelated to COVID-19 are still required to conduct a weekly work search, which may include reviewing job postings online or working on a resume. However, such individuals only need to accept suitable work; accordingly, if the individual is quarantined, self-quarantining, caring for a family member who is sick, or caring for a child who is at home, the individual does not need to accept work offered until these conditions resolve.

Independent Contractors and Self-Employed Individuals

Self-employed individuals and individuals whose compensation is reported on an IRS Form 1099-MISC (“independent contractors”) are not currently eligible for unemployment benefits under Massachusetts law. However, the CARES Act would provide Pandemic Unemployment Assistance for certain self-employed individuals and independent contractors who are unemployed, partially unemployed, or unable to work due to COVID-19. We will update this information as details become available.

OTHER CONSIDERATIONS for Employers DUE TO COVID-19

Distribution of Unemployment Handbook Upon Separation

The DUA has issued a new COVID-19 Unemployment Handbook, which provides detailed instructions on filing for benefits online.  Employers that communicate with employees via email may distribute this information electronically to employees upon temporary layoff or termination.  In addition, all employers are required to provide a pamphlet regarding unemployment insurance  to employees at the time of a temporary or permanent separation (which may also be done electronically).

Grace Period for Quarterly Reports and Contributions

Employers that are impacted by COVID-19 may request up to a 60-day grace period for filing quarterly wage reports and paying contributions. The DUA is currently looking at the effect of COVID-19 on employer rate charging, and rates will not change until January 2021.

WorkShare Program – An Alternative to Layoffs

To avoid layoffs, employers may apply to the Executive Office of Labor and Workforce Development and the DUA’s WorkShare program. This program allows an employer to reduce the number of hours worked by a specific group of employees by 10%-60%, while maintaining health insurance and other benefits. The decreased wages are partially offset by unemployment benefits. Employers must submit quarterly contribution and wage detail reports and pay unemployment taxes in a timely manner, and benefits paid to employees under an approved WorkShare plan are charged the same way as regular unemployment benefits. Interested employers should visit the WorkShare website for additional information about eligibility and creation of a WorkShare plan. However, employers should carefully evaluate whether the WorkShare program will meet the employer’s needs, as the program is not particularly flexible, and once a WorkShare plan is approved, workers must work the reduced hours stated in the plan each week.

Note that certain employees may be entitled to other forms of paid leave for reasons related to COVID-19, pursuant to the Families First Coronavirus Response Act signed March 18, 2020 and effective April 1, 2020. For more information about eligibility for paid sick time and emergency FMLA leave, please see Bello Welsh’s detailed alert on this topic.

We will continue to monitor legal developments related to COVID-19 and provide updates as new laws applicable to employers are enacted.

Top Employment Law Changes for Massachusetts Businesses- End of Year Review

By Sasha Thaler

2014 brought a number of legislative changes which will affect Massachusetts employers of all sizes in 2015.  Here is a recap of the top 5 changes employers should be prepared for in the New Year. Read more