The Illinois Manufacturers’ Association has been communicating directly with manufacturers across Illinois as the situation changes and will continue posting resources online at the IMA’s dedicated page
Daily COVID-19 Results
Governor JB Pritzker held his daily press conference and announced:
- There are 1,105 new cases of coronavirus in Illinois.
- There are a total of 65 deaths related to coronavirus in Illinois, including 18 today.
- A total of 4,596 cases have been confirmed in at least 40 of the 102 counties.
- There have been 27,762 individuals tested in Illinois.
Press Conference Key Updates
New or critical items of note that were discussed today by the Governor and local leaders:
- The number of tests continues to increase with Illinois now testing 4,000 people per day which has doubled in less than a week. Illinois expects to be testing 10,000 individuals per day in the near future, which is the recommended level from scientists.
- Governor Pritzker gave accolades to Abbott, an IMA member company, for their announcement of a COVID test that takes minutes for results. The Governor spoke both the CEO and the President of Abbott who pledged to support Illinois.
- There is not enough health care capacity in Illinois which is why Illinois is building triage centers across the state.
Employer Resources & Programs
The IMA is continuing to offer conference calls next week to update manufacturers and businesses about changing laws, rules, and regulations.
On Tuesday, March 31, the IMA is partnering with the law firm
Conn Maciel Carey for a webinar on the following topics:
- Strategies for employers to prevent workplace exposures while complying with Federal and State level labor employment laws
- OSHA's guidance about preventing workers from exposure to COVID-19 and related regulatory risks
- FAQs for employers with guidance from the CDC
Question & Answer Section
The United States Department of Labor released new Families First guidelines that you can
review by clicking here
. This guidance finally explains the small business exemption which is critical for many manufacturers. It is subjective and allows the employer to make the determination that must be limited to one reason. Our partners at Greensfelder, Hemker & Gale pointed out the following details specifically:
44. Do I qualify for leave for a COVID-19 related reason even if I have already used some or all of my leave under the Family and Medical Leave Act (FMLA)?
If you are an eligible employee, you are entitled to paid sick leave under the Emergency Paid Sick Leave Act regardless of how much leave you have taken under the FMLA.
However, if your employer was covered by the FMLA prior to April 1, 2020, your eligibility for expanded family and medical leave depends on how much leave you have already taken during the 12-month period that your employer uses for FMLA leave. You may take a total of 12 workweeks for FMLA or expanded family and medical leave reasons during a 12-month period. If you have taken some, but not all, 12 workweeks of your leave under FMLA during the current
12-month period determined by your employer
, you may take the remaining portion of leave available. If you have already taken 12 workweeks of
leave during this 12-month period, you may not take additional expanded family and medical leave.
For example, assume you are eligible for preexisting FMLA leave and took two weeks of such leave in January 2020 to undergo and recover from a surgical procedure. You therefore have 10 weeks of FMLA leave remaining. Because expanded family and medical leave is a type of FMLA leave, you would be entitled to take up to 10 weeks of expanded family and medical leave, rather than 12 weeks. And any expanded family and medical leave you take would count against your entitlement to preexisting FMLA leave.
58. 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?
An employer, including a religious or nonprofit organization, 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:
- 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;
- 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
- 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.
59. 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 leave?
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 is exempt from mandated paid sick leave or expanded family and medical leave requirements only if the:
- employer employs fewer than 50 employees;
- 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
- an authorized officer of the business has determined that at least one of the three conditions described in Question 58 is satisfied.