Have you conducted your required (all Illinois employers are obligated to do so) sexual harassment training for 2020 yet? If not, you only have three months left to do so!
The Illinois Human Rights Act was amended last year to require all employers to conduct annual sexual harassment training, beginning in 2020. This training must be complete by December 31, 2020. The IL Dept. of Human Rights (IDHR) has made it clear that the December 31, 2020, deadline has not changed, despite the COVID-19 pandemic. While there are several content requirements, this training can easily be conducted online. Full disclosure – you should be aware that the IDHR has released a model training program that contains the minimum necessary requirements. You can use this program to train your employees. However, R&R Human Resources Solutions is available to assist in the development and implementation of a training program customized to your workplace. We have provided anti-harassment training for many years. New in 2020, we are offering an additional option, we have teamed up with Dr. Lisa Kaplin, Psychologist/Coach to offer a state compliant program that combines what is required under the law along with understanding unconscious bias and providing tools to build and sustain a culturally sensitive work environment. Our program is entitled, "“Building a Sensitive Workplace, Promoting a Culture of Respect”.
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On April 30, Governor Pritzker issued an Executive Order extending Illinois’s Stay-at-Home mandate until May 30.
Additional guidance continues to be provided on the FFCRA which went into effect on April 1, 2020.
The Department of Labor (DOL) has published (at last count) 59 FAQ’s available here regarding paid sick and family leave requirements under the FFCRA. I have found this source to be extremely helpful in interpreting the new laws. Stay-At-Home Orders: The DOL has confirmed that an employee subject to Stay-At-Home, Shelter-InPlace, or other government quarantine order may not take paid sick leave where the employer does not have work for the employee, or if an employee subject to a quarantine or isolation order is able to telework. Therefore, the employee may not take Emergency Paid Sick Leave, if (a) the employer has work for the employee to perform; (b) the employer permits the employee to perform that work from the location where the employee is being quarantined or isolated; and (c) there are no extenuating circumstances that prevent the employee from performing that work, such as a power outage preventing the employee from teleworking. The regulations are clear that, while using emergency paid sick leave for any qualifying reason, an employer cannot require an employee to use other paid time off benefits at the same time, such as paid vacation or personal leave. Nor can the employer require an employee to use existing paid time off benefits before Emergency Paid Sick Leave. Other information includes:
Small Business Exemption: The FFCRA provides that businesses with fewer than 50 employees may be exempt from the Act's paid sick and family leave requirements if providing such leave will "jeopardize the viability of the business as a going concern" and an authorized officer determines: 1. Such leave would cause the employer’s expenses and financial obligations to exceed available revenue and cause the business to cease operating at a minimal capacity; 2. the absences would—for specified reasons—create a substantial risk to the business’s financial health or operational capabilities; or 3. the employer would not be able to operate at a minimal capacity because it would have insufficient workers to perform the labor or services provided by the absent employees. For the above reasons, the small employer may deny paid sick leave or expanded family and medical leave to an otherwise eligible employee. Employers using this exemption should retain these records for their own files Tax Credits Procedures: Employers will claim the credits on their quarterly federal payroll tax returns, but they can receive immediate reimbursement in anticipation of the credits by reducing their federal payroll tax deposits by the amount of any qualified sick leave or expanded FMLA leave paid to employees. If insufficient federal payroll taxes are withheld to cover the amount of the credits, an eligible employer may request an advance payment of the credits from the IRS by submitting a Form 7200. The IRS expects to begin processing these requests in April 2020. Do you have additional HR questions? Contact me at srr@getHRresults.com On March 25 (as promised), the Department of Labor (DOL) released the mandatory poster that all employers with less than 500 employees are required to display in the workplace. The poster outlines employee leave rights under the Families First Coronavirus Response Act (FFCRA). A link to the poster can be found here.
This poster is required to be posted in a visible location on the premises where employees can see it. (I know, you are now asking, how do I do this if my workplace is now remote?). The DOL has stated that employers may meet their notice requirement by emailing the notice to employees or posting it on an employee information internal or external website. R&R Human Resources Solutions is here to help you navigate this treacherous time. Please stay safe, healthy and keep in touch and reach out with any questions you have. EMERGENCY PAID SICK LEAVE ENACTED |
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May 2020
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