COVID-19 has brought our everyday life to a halt and left us with many unanswered questions. Below are common FAQs our team has been receiving as it relates to the ongoing pandemic. As we navigate through the COVID-19 disruption, we will keep you informed through our COVID-19 Resource Center and continue to update you with relevant developments.
Who has to comply with the Families First Coronavirus Response Act and when is it's effective date?
Under the uses of Emergency Paid Sick Leave is “Shelter in place” and “Stay at home order” the same as “Federal, State Local quarantine or isolation order”?
What is provided under the Emergency Paid Sick Leave/Family Leave Expansion?
If an employee already has more than 80 hours of sick leave on the books, are we required to provide an additional 80 hours? 
Are employees who are not working due to a Shelter-In-Place -Isolation by the Health Officer, eligible for the 80 hours sick pay?
We have less than 50 employees. The Emergency Paid Sick Leave (EPSL) Act has the potential for an incredible impact for us which is causing us to question full lay-offs vs. temporary furlough.
There is a hardship exception for under-50 employers for child care leave only whether paid sick leave or paid FMLA. There are specific parameter that a company officer must determine to deny leave:  

  • Providing EPSL or EFMLA would result in your expenses and financial obligations exceeding available business revenues & cause small business to cease operating at a minimal capacity
  • The absence of the employee requesting leave would entail a substantial risk to the financial health or operational capabilities of the business due to their specialized skill, knowledge of the business or responsibilities.
  • There are not sufficient workers who are able, willing and qualified, and who will be available when needed to perform the work needed for the business to operate at minimal capacity.
We don't have enough work for someone working at home, do they qualify for sick leave?
Do employees apply for EFMLA through the EDD as they would with "normal" FMLA?
No, for both normal FMLA and emergency paid FMLA (as well as paid sick leave), the employee submits the request to the employer. It is only when the employee wants paid family leave (PFL) benefits from the state that they apply to the EDD. PFL is for entirely different purposes than these new paid leave entitlements, and is not really a leave. PFL is just partial wage replacement with no entitlement to reinstatement or other job guarantees.
What is Worker Adjustment and Retraining Notification (WARN)?
Worker Adjustment and Retraining Notification is a federal law that requires 60 days’ notice when there is a plant closing or a mass layoff under specific counting rules. California and some other states have a state counterpart.
If we pay COVID-19 compensation to employees who stay at home, will we be reimbursed by the government?
Can you apply for the Paycheck Protection Program (PPP) and Economic Injury Disaster Loan ( EIDL) at the same time?
To find information and resources such as our Coronavirus Guide for Businesses , assembled to help businesses navigate through the COVID-19 disruption, visit heffins.com/COVID19
If you have further questions, please reach out to you broker directly or visit cdc.gov. Stay healthy and stay safe!
The material provided on or through this email and our website is for information purposes only and is not intended to provide any financial, legal, or medical advice or opinion in regard to any individual situation. This information should not be relied on to determine insurance coverage or lack thereof. Insurance forms and endorsements, and insurer rules and guidelines, evolve over time and vary based on insurance company, changes in edition dates, regulations, court decisions, and state jurisdiction. The information provided here is based on a review of insurance coverages that may be implicated in regard to COVID-19 from sources we deem to be reliable, and communications we have received from insurance companies and other relevant resources. We make no representation or warranty as to the accuracy of this information as applied to any individual case. Please advise our office if you want to discuss your specific insurance coverages or needs, or to submit a claim for coverage with your insurance provider.