The COVID-19 health crisis has affected organizations in different and unexpected ways. Changes to everyday life and daily work schedules have required organizations to make decisions on a day-by-day basis to support the unique aspects of their operations.
Whether it’s splitting up teams or shifts, asking employees to work from home, cutting back on hours, or changing project schedules, every organization has had to make difficult decisions.
The one thing in common for every organization affected by COVID-19 is the need to protect the most valuable asset in the organization -- your people.
Employees from the C-Suite to the frontlines are all affected and impacted in different ways. Be mindful of how to maximize employee support during your organization’s COVID-19 response.
Five Ways to Provide Employee Support
Consider how you can provide employee support in each of these five important categories to help everyone navigate this unprecedented period of uncertainty.
1. Disseminate & Act on the Latest Health Information
We recommend that HR leaders regularly communicate the latest health information to employees.
While we are all aware of the basic steps to protect ourselves from COVID-19 -- e.g. washing hands regularly, practicing social distancing, and wiping down surfaces in shared workspaces -- we are continuing to learn more about how to stop the spread of COVID-19.
As new and relevant health information is released, stay in communication with employees about additional steps to take.
Your organization may also come to the decision that it is no longer feasible for any employees to work in the office or other places of work. Each organization must make the appropriate decision for when to shut down offices or create extremely flexible work schedules only allowing a limited number of individuals in the building at a home.
As these decisions are made, continue to communicate with employees what has been decided and why the decision was made.
Additionally, while the main point of emphasis is protecting the physical health of valued employees, don’t forget about coordinating with IT on protecting the security health of the organization.
As more and more employees perform work at home or other locations outside of their standard work setting for an extended period of time, there are IT challenges that must be considered. For example, should the IT team set restrictions on employees using their work devices on unsecured WiFi?
When these decisions are made, there needs to be clear communication to employees about log-in procedures and network access. Droves of employees working remotely introduces a host of security challenges that need to be considered to protect the organization.
2. When Should Employees Return to the Office?
Many of your employees are already working from home. Many more, if not all, may eventually find themselves working from home. As decisions are made on a day-to-day basis about work settings and remote access, organizations will eventually need to decide when employees can return to the office.
We encourage HR leaders to take a very conservative approach when deciding on the appropriate time for the workplace to resume pre-COVID-19 operations.
Be mindful of recommendations from federal, state, and local officials. And, do not allow everyone to return to work at once.
We recommend that organizations create a checklist of requirements for employees to return to work. Depending on their job role, some employees may need additional screening for clearance.
Items on your checklist may include questions about their health over the past 14 days, who they have been in contact with, whether they traveled during the COVID-19 period of time, and other concern areas that are appropriate for your organization.
The goal is to not only protect the health of each individual in your organization, but also the health of all employees who are returning to shared workspaces after a period of separation.
3. Be Mindful of Privacy Laws
Asking employees to provide health information in order to return to the office introduces a challenge of remaining compliant with privacy policies if your organization provides employee-sponsored health plans.
Employers sponsoring health plans need to be mindful of the privacy concerns outlined in the Health Insurance Portability and Accountability Act (HIPAA). The Department of Health and Human Services (HHS) released a bulletin to remind covered entities and business associates that the HIPAA privacy requirements continue to apply even during the COVID-19 health crisis.
HIPAA privacy rules contain limitations on a covered entity’s ability to release information from a health plan for employment purposes. When determining whether HIPAA applies, be mindful of the source of the information about an employee’s or dependent’s infection. If the source is connected to an employer-sponsored health plan, then the HIPAA privacy rules will apply, and the plan cannot release the information without authorization from the individual for employment-related purposes.
Employers should also consider how their employee benefit programs may support employees due to the uncertainty surrounding the potential spread and impact of COVID-19. Some employees may not be comfortable returning to the office because of additional concerns about their wellbeing or the wellbeing of other family members.
For example, employees may worry about interacting with individuals who have recently been exposed, but remain asymptomatic. They may also worry about protecting themselves in the event of a second COVID-19 outbreak.
In these cases, HR managers should consider how your organization’s existing benefits programs can support employees. This may include leveraging Employee Assistance Program (EAP) programs, providing telehealth services, and using accrued benefits as a form of payment.
4. Consider Utilizing the Families First Coronavirus Response Act
In the early stages of responding to the COVID-19 health crisis, many HR managers were required to make difficult decisions about how to adjust or utilize employee benefit programs such as vacation time, PTO, and sick leave to continue paying workers their base salaries.
Now, the federal government has stepped in with support for employers. The Families First Coronavirus Response Act (FFCRA) was signed into law on March 18, 2020, that included provisions for the Department of Labor to administer an Emergency Paid Sick Days Program.
Specifically, the bill introduces two new laws for paid sick leave: the Emergency Family and Medical Leave Expansion Act (EFMLEA) and the Emergency Paid Sick Leave Act (EPSLA).
EFMLEA Provisions:
- Applies to employers with fewer than 500 employees.
- Employees working for at least 30 days for a covered employer would be eligible immediately to use leave.
- Employers with fewer than 50 employees may also request a hardship waiver or exemption.
- EFMLEA may be taken:
- To comply with a recommendation or order by a public official or health care provider to quarantine due to exposure to or symptoms of coronavirus, and the employee could not perform the essential functions of the job while also complying with such recommendation or order
- To care for a family member who is in quarantine based on a recommendation or order due to exposure to or symptoms of coronavirus
- To care for a child if the child’s school or place of care has been closed, or the child-care provider is unavailable due to coronavirus.
- The first 14 days of EFMLEA leave is unpaid, but employees may choose to substitute accrued vacation, personal leave, or sick leave.
- After the first 14 days, employers must pay the employee not less than two-thirds of an employee’s regular rate of pay for each day of EFMLEA leave taken thereafter.
EPSLA Provisions:
- Employers at companies with fewer than 500 employees would be required to provide all full-time employees – regardless of their length of employment – 80 hours of paid sick leave immediately.
- Part-time employees would get a prorated amount.
- Leave may be taken to:
- Quarantine or self-isolate because an employee might be sick.
- Seek a diagnosis or for preventive care due to coronavirus.
- To care for a family member who is quarantined or self-isolating because they have or may have coronavirus.
- To care for a child whose school has closed or whose child care provider is unavailable due to the coronavirus.
- New sick leave amounts are in addition to any other state or federally mandated or existing employer-provided paid sick leave benefits, and employers must permit employees to use this coronavirus-related sick leave before other sick leave if applicable.
- Rate of sick pay is the employee’s regular rate unless leave is for an eligible family member or for child-care needs. Then, it's two-thirds the employee’s regular rate.
The Act also provides a tax credit for employers that provide paid sick leave benefits required by the Act. Additionally, emergency leave benefits for workers expire on December 31, 2020.
When deciding whether to utilize the provisions of the Families First Coronavirus Response Act, be aware of how they apply on a case-by-case basis for each employee.
5. Talk to Your Healthcare Insurance Provider About Coverage
A final consideration to continue providing employee support during COVID-19 relates to your employee-sponsored healthcare plan. If your organization provides this benefit to employees, then talk to your healthcare plan sponsor about what they will and will not be covering for your employees during this time.
Because healthcare providers take their cue from the U.S. state where they operate, we recommend that you check with your state insurance department to determine what actions the state has taken or expects to take.
For example, the state of Washington issued a bulletin for all insurers in their state to waive co-pays and deductibles for any individual requiring COVID-19 testing. Insurers were also required to permit a one-time refill of prescription drugs and suspend any prior authorization requirement for testing or treatment related to COVID-19.
Most large health insurers have confirmed that they will cover COVID-19 testing similar to a preventive benefit by waiving co-pays, deductibles, and co-insurance under their insured plans. You can view the full list of responses from major healthcare insurers such as Aetna, Blue Cross Blue Shield, Cigna, Humana, Kaiser Permanente, UnitedHealthcare, and other providers that your organization may utilize on the AHIP website.
As you gather information from your healthcare insurer, communicate this to employees so that they are aware of what is and is not covered as it relates to COVID-19 testing or treatment.
Talk to NB Business Solutions About Supporting Employees
This is a difficult time for HR managers juggling the responsibilities of protecting employees and helping support the organization’s overall business goals to remain operational.
We are available to help you walk through each of these important considerations and other challenges that your organization is navigating on a daily basis.
We encourage you to talk to our expert team on how to continue supporting employees and maximize the potential of your people during uncertain times. Contact us today. We are here to help.