Question: Does an employer have to return an employee who took leave to the same position the employee worked prior to taking leave? Answer: In most instances, yes, an employee is entitled to be restored to the same or an equivalent position upon return from paid sick leave or expanded family and medical leave in…
Question: Does an employer have to continue health insurance for employees who take leave under EFMLEA? Answer: Yes. An employee who takes expanded family and medical leave or paid sick leave is entitled to continued coverage under the employer’s group health plan on the same terms as if the employee did not take leave. See 29…
Partner Bill Bulfer contributed to an article published in the May edition of DRI’s flagship publication, For the Defense. The article, titled “The Dynamic of the Defunct Insured and Bad Faith,” outlines how counsel and claims handlers can successfully handle coverage for defunct insureds and corresponding claims from plaintiffs asserting bad faith. Each issue of For…
Question: What is the process for seeking a credit for the additional sick leave wages paid to employees under FFCRA? Answer: According to the WHD Rule of April 4, 2020, under the FFCRA, covered private employers qualify for reimbursement through refundable tax credits as administered by the Department of the Treasury, for all qualifying paid…
In light of North Carolina entering “Phase 1” of lifting its COVID-19 restrictions, this article addresses issues involving employer requirements and employee use of facemasks, respirators, gloves, and other personal protective equipment (“PPE”). Current Guidance Here is what our government agencies are recommending. Equal Employment Opportunity Commission (“EEOC”) The EEOC released guidance that indicates an…
Question: When an employee returns to work after a COVID-19 diagnosis, does the ADA allow employers to require doctors’ notes certifying their fitness for duty? Answer: According to the EEOC’s March 2020 published guidance, yes. However, practically, as healthcare providers’ time and resources become limited, such requirements may pose real practical problems. For questions or…
Numerous businesses impacted by COVID-19 are searching for relief wherever they can find it. Difficult decisions are being made with respect to layoffs, lease or mortgage payments, and federal loan assistance as companies attempt to navigate the current environment. One area generating increased attention is whether a company’s contract provisions create either an obligation or…
The COVID-19 pandemic has altered the way we, as a society, operate in our daily lives. Sheriffs and their leadership have been especially affected due to the challenges operating a detention facility presents during the pandemic. Jails around the country have attempted multiple strategies to protect the inmate population, including isolation, testing, and early release…