At some point over the next few months, some (most?) of your employees will receive the COVID-19 vaccine.
Depending on the rules of your state, the nature of your business and the age or medical issues of your employees, some may already have. I’ve previously covered the legal issues surrounding the vaccine, here, here, and here. Today I want to cover a practical issue — time off related to the vaccination.
1. Please offer your employees paid time off to obtain both doses of the vaccine. To reach herd immunity (the only thing that will end this pandemic), we need between 75 and 85 percent of the population to be vaccinated. We want to make it easier for employees to be vaccinated, not more difficult. Please don’t make employees choose between their paychecks and a vaccine. The hour or two you will pay for the amount of time they spend getting vaccinated will pale in comparison to the weeks off they will need if they catch the virus.
2. Understand that a certain percentage of your employees will have a reaction to the virus and be too sick to come to work in its immediate aftermath. The most common side effects, which most commonly follow the second dose, include pain at the site of the injection, painful, swollen lymph nodes in the arm where the vaccine was injected, tiredness, headache, muscle or joint aches, nausea and vomiting, fever or chills. For some, these side effects will mirror the virus itself in causing a high, debilitating fever. These side effects typically last no more than 24 hours. If I’m you, I’m telling employees that if they experience side effects you will provide a paid day off for recuperation. Again, we want to have policies that encourage employees to get shots in arms, not forcing a choice between a paycheck and a vaccine.
This pandemic won’t end until enough people are vaccinated. Employers, do your part by having policies in place that encourage as many vaccinations as possible.
Specifically, the president is “asking the U.S. Department of Labor to consider clarifying that workers who refuse unsafe working conditions can still receive unemployment insurance.”
Allowing employees who quit in the name of “safety” to receive unemployment benefits presents a potential staffing nightmare for employers, especially considering that the America Rescue Plan (Biden’s the $1.9 trillion stimulus package being debated on Capitol Hill) proposes an additional $400 per week unemployment payments through the end of September. In Ohio, for example, that payment would increase the maximum weekly unemployment benefit to $1,072 (equivalent to an hourly wage of $26.80 or an annual salary of $55,744). At those numbers, lots of employees might opt to leave their jobs and take an extended, well-compensated vacation until the pandemic ends.
Allowing employees to qualify for unemployment merely by “refusing unsafe working conditions, which would make the employees the masters of whether or not they qualify, I proposed that the DOL instead limit qualification to employees who have tangible evidence of a health or safety violation by the employer that does not allow the employee to practice social distancing, hygiene, wear protective equipment, or otherwise unreasonably exposes the employee to a greater risk of contracting COVID-19.” A great starting point is the new COVID guidance President Biden has ordered OSHA to draft and emergency temporary standards Biden has ordered it to consider.
We need to make sure that we have rules that strike the proper balance between employees who have a legitimate reason not to work because of COVID-19, and employees who simply don’t want to work. Merely allowing employees to make that decision in their own exercise of discretion, and paying them a substantial benefit as a result, does not strike any balance at all.
Today marks the one-year anniversary of the identification of the first COVID-19 case in the United States.
On Jan. 20, 2020, the state of Washington and the CDC confirmed that someone in Washington State had contracted the virus. Since then, 24,809,840 additional Americans have contracted COVID, and 411,520 have died from it.
All the while, OSHA, the federal agency charged with protecting health and safety in the workplace, has done very little to address the pandemic, and we still lack a national safety standard on keeping COVID-safe at work.
President Biden’s OSHA will fix this glaring omission. He has called on Congress “to authorize the Occupational Safety and Health Administration to issue a COVID-19 Protection Standard that covers a broad set of workers.”
What issues should we expect this OSHA standard to address?
Mandatory masking.
Mandatory physical distancing.
Required sanitization and housekeeping.
Standards for engineering and airflow.
Required employee training.
Increased reporting requirements.
Some of these, like masking and distancing, should be second-nature at this point, but sadly have become overly politicized and ignored by too many. I applaud anything President Biden does in an attempt to get his pandemic under control and save lives so that we all can get back to living ours.
As you should hopefully be aware, the Families First Coronavirus Response Act (FFCRA), the federal law that provided paid leave to employees for COVID-related absences, expired on Dec. 31, 2020, with an option for employers to voluntarily expand leave through March 31, 2021. The problem, however, is that while this leave has expired or will soon expire, COVID-19 is not expiring any time soon.
Help, however, may soon be on the way, as part of President-elect Biden’s America Rescue Plan. A key part of that plan is a significant expansion of the FFCRA.
What would change?
The FFCRA would be reinstated and extended through Sept. 30, 2021.
The 500-employee cap on coverage would be lifted and all employers, regardless of size, would be required to provide paid leave for covered COVID-related absences.
The exemptions for health care workers, first responders and small employers would be eliminated.
The total leave entitlement would be expanded to 14 weeks.
Employers with less than 500 employees would be reimbursed for this paid leave through an extension of the already existing payroll tax credit. Employers with 500 or more employees would not receive the tax credit.
I applaud this expansion, which is sorely needed as we navigate this virus until we reach a vaccination critical mass. I also hope it is a step toward more broad-based paid sick and family leave for employees, an issue on which this country sadly lags behind every other industrialized nation in the world.
The Families First Coronavirus Response Act, the federal law that provides paid sick and family leave to employees for COVID-19-related absences, ends in 29 days. By its terms, the law sunsets on Dec. 31.
On Dec. 1, news broke of a new coronavirus relief bill that Senate Majority Leader Mitch McConnell will put forward. It will include important measures such as the extension of unemployment insurance expansions for another month, another round of Paycheck Protection Program (PPP) small business assistance, and additional funding for the USPS, schools, testing, and vaccine distribution.
What doesn’t it include? Any extension of the FFCRA.
COVID-19 isn’t going to magically disappear on Dec. 31. If anything, we’ll be in the midst of the virus’s current surge and the situation will be worse and more dire come January 2021 than it is now. You will have more employees needing time away from work because of their own illnesses, the illnesses of family members, and the closure of their children’s schools. Yet, they will lack any federal protections for this time off.
Congress needs to extend the FFCRA now. Otherwise, millions of employees will be left without leave and without job protection as they and their families battle this virus.
Employers, you need to assume that the FFCRA is going away to start 2021 and spend some time over the next few weeks figuring out your own plan for your employees.
Will you grant your own paid sick and family leave in lieu of the federal benefit?
Will you merely rely on your existing PTO/vacation/sick leave benefits?
Will you grant unpaid leaves of absence but not offer any additional paid leave to employees?
Will you do nothing and force these employees out of your business?
These are difficult choices to make during difficult economic times. But you need to make them and you need a plan, as it appears that Congress will not provide one for you for 2021.
Challenges related to the COVID-19 pandemic have affected most people in the workforce in one way or another.
Working parents have not only coped with their own retooled job responsibilities as many of them adjust to working from home, but in many cases they have also added daycare worker and classroom instructor to their resumes.
New research from Microsoft Corp. revealed that 54 percent of parents reported that it’s been difficult balancing household and professional demands while working from home. And according to a recent WalletHub study, 54 percent of parents with young children at home don’t think they are being more productive at home than they are in the office.
VF Corp., a Denver-based publicly traded global company of 50,000 employees, realized the plight facing many of their workers as summer was ending and as parents faced the specter of another school year of distance learning for their children. Leadership of the apparel and footwear company, whose brands include The North Face, Vans and Dickies, quickly prioritized providing educational resources to alleviate the extra pressure and stress that working parents whose children would be learning remotely may be experiencing. The pandemic created significant uncertainty and posed new challenges for everyone, said Anita Graham, executive vice president, chief human resources officer and public affairs at VF Corp.
“Through conversations with associates and responses to our employee surveys, we knew that many of our associates were struggling with balancing work and the responsibilities of caring for their families,” she said.
Technology partnerships ease remote learning
One program, Laptops for Learning, provided more than 500 reconditioned laptops at no cost to eligible U.S.-based employees at VF Corp.’s distribution centers, retail stores and customer service centers, providing children with the technology necessary to participate in distance learning. The organization also implemented Rethink, a resource for parents with special needs children, Graham said. Another initiative, Guidance Now, provides employees with access to tutoring support and free access to SitterCityto help identify baby-sitting resources that could serve as a substitute for traditional child care.
“We believe that a good education is a critical and significant stressor for parents, and we wanted to help alleviate the added stress,” she said. “Virtual learning has posed challenges that working parents haven’t previously encountered. How do associates keep their children engaged in virtual school while also doing their own work? How do they afford reliable technology needed for virtual learning? The laptop program emerged from this need.”
A boost for those needing elder care
VF Corp. also amped up its communications so that employees were aware of resources such as telehealth and the benefits available through a partnership with Bright Horizons, which provides backup child care as well as elder-care support.
“The coronavirus pandemic has been particularly impactful on older communities,” Graham said. “Adult children have had to take on more responsibilities for their elder parents, from running errands to providing full-time care. Our partnership with Bright Horizons has provided help to those employees who are providing elder care.”
Through the partnership, employees can take an online needs assessment, find information on selecting elder care resources, and utilize a search tool for finding and evaluating care providers, Graham said.
Moving to flex schedules and remote work
The pandemic has tested organizations’ agility to adjust to new ways of living and working. VF Corp. recognized early in the pandemic that it would need to introduce new programs and resources to keep morale up and employees engaged. Placing emotional and physical well-being at the forefront, they partnered with employee assistance program provider ComPsych to offer emotional well-being webinars to equip employees with the tools to keep themselves mentally healthy.
They also implemented new schedules and training programs to help employees put themselves first. Understanding that working from home poses child- and elder-care challenges, VFCorp. encouraged employees to rethink the traditional workday and create a flexible schedule that works best for them and their families.
“The flexible scheduling program is an initiative we introduced at the start of the pandemic as a result of the stressors we were hearing from employees,” Graham said. “An employee can work with their manager to develop a schedule that allows them to take afternoons off to take care of children before resuming work in the evening.”
Considering that within the United States 70 percent of VF Corp. employees are hourly, 17 percent are salaried and 13 percent are contingent workers, Graham said they are sympathetic to accommodate employee needs while maintaining organizational operations.
“We have a wealth of initiatives and programs available to all our employees, no matter their role, location or level,” she said. “However, we do recognize that there are different needs across the enterprise, so we have developed unique programs for employees in retail stores and distribution centers.”
Remote work into the future
Rather than declare an “at least until” date, VF Corp. intends to remain flexible as a permanent approach and launched a future of work workstream called “Workplace Next” to define their vision for how they work in the future. The outcomes will be shared with employees in early 2021, Graham said.
Placing the needs of employees at the forefront of their actions is crucial to VF Corp. successfully navigating the pandemic, she said. It’s important to listen and it’s OK to over-communicate, she added.
“By listening to our people and taking action, we have been able to successfully keep morale high and our employees engaged and ultimately meet our consumers’ needs, and we’ll continue to listen to them to understand how we can help support them moving forward as our world continues to change.”
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According to Deadspin, NFL players are terrified of COVID but are afraid to speak up for fear of angering the NFL.
“I looked at my son. I looked at my family, and I just didn’t think it was worth it,” Jaguars player Lerentee McCray, a seven-year veteran, told me this summer after opting out. “I could catch it and bring it home to them. Or I can get it and even if it doesn’t kill me, it could destroy my career long-term. I feel really weird not playing football right now, but can’t. I can’t risk doing something so dangerous and maybe hurting the people I love.”
In the end, most players decided the money was worth the risk. So, they play.
Yet there’s been a definite shift in that attitude over the past few months and even weeks, several told me in various interviews, as the virus spreads through locker rooms. Most requested anonymity for fear of angering NFL owners and the league office.
Players add that they feel that the safety measures the league and their union promised pre-season were meaningless.
One of the things players tell me that’s changed their thinking from the summer is the ballistic pace of the infections. One moment the virus isn’t there, the next it’s calling plays in the huddle. As a virus spreads through a locker room there’s a sense of helplessness. Players now think of football during the pandemic era not as a calculated risk, but Russian roulette.
All of the outbreaks have left a player base more scared than ever before. That’s the word I’m hearing the most: scared.
This is awful. Yes, they make a lot of money to play a game, and yes, they all had the ability to opt out before the season started (as 67 players chose to do). But they also should have an expectation that their employer is doing everything within reason to keep them safe and the ability to air their grievances if they perceive that their employer is failing in that mission. The fact that players believe that the NFL is failing on both counts is galling.
Employers, you have one primary obligation to your employees during this pandemic — keep them safe. If your employees are terrified to come to work, you are failing, period. It’s time to look inward. Are you doing your part?
Are you mandating masks?
Do you require a minimum of six feet of physical distance at all times?
Are you promoting hand washing and other good personal hygiene habits?
Are you regularly cleaning and sanitizing work and common areas?
Have you eliminated gatherings of employees?
Are you mandating self-screening for COVID-19 symptoms and sending home anyone with symptoms until cleared by a doctor?
Do you have an open door through which employees can walk, without retaliation or fear of retaliation, if they feel you are not meeting these obligations or their coworkers aren’t following the rules?
Unless you can answer yesto each of these questions, it’s time to take a long, hard look at your pandemic protocols and decide what you should be doing differently. Your employees, their families and friends, and the general public are counting on you.
New York-based 305 Fitness bills itself as “a dance cardio workout with a live DJ. It’s fun, wild, and hard AF.”
As COVID-19 took hold earlier this year, leaders of 305 Fitness faced a workout of their own that was hard AF — and gravely serious. With indoor dance studios featuring black lights, lots of neon and Miami club scene-inspired music, 305 Fitness was forced to close its brick-and-mortar locations in New York, Washington, D.C., and Boston, as well as pop-up studios in Chicago, San Francisco and Los Angeles. Revenues immediately plummeted by 90 percent, said 305 Fitness Chief Operating Officer Sam Karshenboym.
There were difficult conversations with landlords regarding rent abatement in the short term. They also made as many cuts as possible to keep the business afloat, Karshenboym said.
“The bulk of the cuts came down to really, really difficult decisions we had to make in HR and staffing,” he said. “We reduced our full-time team from 28 to 10. And we had to furlough all of our 250 part-time employees across six cities. All remaining full-timers on the team took a very significant pay cut.”
Health care for fitness staff
Stories of such drastic cuts sadly are all too frequent in a pandemic-ravaged business world. Like other fitness centers and health clubs nationwide, remaining open to the public as the pandemic set in was not an option. But in a business climate where every dollar counts, 305 Fitness executives opted to retain its health coverage for remaining employees.
“We wanted to offer access to health care,” Karshenboym said. “It’s one way that we can support our team in a way that made it easy for them and also works for us financially.”
305 Fitness retained its partnership with concierge health provider Eden Health.Concierge health — a subscription-based, membership medicine business model — is one health care alternative that’s become more attractive for smaller companies wanting to provide employees with 24-hour digital care, same-day in-person primary care, and behavioral health services.
The fitness company initially contracted three years ago with Eden Health, which in Augustannounced an infusion of $25 million in Series B funding, bringing its total to $39 million in venture capital raised. Eden Health is known for its direct-to-employer health care delivery model, “bringing in-person and virtual health care together to deliver an exceptional patient experience to the employees of mid-market companies,” according to an August press statement announcing the funding.
“We received a lot of feedback from our team about how grateful they were that they got to use Eden Health during quarantine,” Karshenboym said. The 305 Fitness staff is primarily in their 20s and 30s, he added, and depending on the role, they are paid hourly or per class.
“It’s great during the pandemic for obvious reasons. It’s virtual care in a time when all you can do are virtual things. I worked closely with our director of HR to unveil it some time ago, and it’s been a really great experience.”
Protecting employee safety
Karshenboym said some staff members have used the pop-up clinics, and in October they will provide flu shots to 305 Fitness staff at an Eden Health clinic.
305 Fitness COO Sam Karshenboym.
“While we weren’t able to offer health insurance for our part-timers, we were excited to offer Eden Health as a great health-related perk,” he said.
As fitness studios nationwide were shut down in March, 305 Fitness faced many unknowns at the time, primarily around asymptomatic carriers potentially spreading COVID-19. There also was the daunting task of transitioning to a virtual working world with a pared down staff.
“The bulk of what we’re doing is still virtual,” he said. “What is in person is our outdoor classes, where we are requiring 6 feet social distancing before and after class; 15 feet during class; and masks before and after class.”
Transparency and supporting the team
To help supplement its revenues 305 Fitness offers digital certification for instructors living outside its studio markets to teach 305 techniques locally. They have certified over 300 people since March who are teaching either virtually or outdoors in their communities, Karshenboym said.
“It’s been a challenging year for all of us, at 305 and outside of 305,” he said. “I know we’re not unique in that way. It’s really just about how we as a company support our team members and our community as best as we can. The free daily workouts offered on YouTube have been a primary way we’ve been able to stay connected to our community on a daily basis. We really try to have them be fun and carefree and high energy and silly and a sort of momentary outlet to de-stress and disconnect from reality.”
Despite the cutbacks Karshenboym said they aren’t hiding anything from their staff. Transparency has been key to engaging their employees, he said.
The fitness company hosts free daily morning meditations for employees and its client base, as well as free workshops around self-care, resilience, confidence, and staying productive through Eden Health. Earlier this summer, 305 Fitness offered over $40,000 in creative grants to furloughed staff to support them in their creative pursuits and projects, he said.
“We’ve been offering as much transparency as we can as a leadership team through town halls, regular emails, check-ins, whatever we can do to offer the team more information into what we’re doing, why we’re doing it, how we plan to get through the pandemic and survive this,” he said. “There’s so much unknown in the world, and if we can make things known, at least within the world of 305, that makes it a little bit easier for our team to navigate this time.”
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In early August, a New York federal district court judge issued an order invaliding several key provisions in the DOL’s FFCRA regulations. Last Friday evening, the DOL responded with revised regulations that left most of its prior regulations intact, while also make a few common-sense amendments.Here’s what the DOL did, and did not, change in response to the court’s order, and why.
1. The DOL reaffirmed that an employee may only take paid sick leave and expanded family and medical leave under the FFCRA if the employee has work from which to take leave, and if there is no work available, no leave may be taken.According to the DOL, this interpretation is entirely consistent with the statute’s requirement that an employer must provide its employees FFCRA leave to the extent that an employee is unable to work (or telework) due to a need for leave “because” of or “due to” a qualifying reason for leave. As summarized by the DOL, “[I]f there is no work for an individual to perform due to circumstances other than a qualifying reason for leave—perhaps the employer closed the worksite (temporarily or permanently)—that qualifying reason could not be a but-for cause of the employee’s inability to work. Instead, the individual would have no work from which to take leave.” Thus, “an employee may take paid sick leave or expanded family and medical leave only to the extent that any qualifying reason is a but-for cause of his or her inability to work.” This interpretation avoids the perverse result of an employee being on furlough and not receiving a paycheck, but still qualifying for paid leave.
2. The DOL reaffirmed that where intermittent FFCRA leave is permitted (i.e., for leave taken to care for a son or daughter because their school or place of care is closed, or their child care provider is unavailable, because of COVID-19), an employee may only take such leave intermittently upon the approval of his or her employer.The DOL left these regulations untouched for two reasons. First, limiting intermittent leave to child-care-related absences furthers the policy of limiting employees who have potentially been exposed to COVID-19 from entering the workplace. Secondly, requiring employer approval is consistent with similar leave available under the FMLA, which should “avoid unduly disrupting the employer’s operation.
3. The DOL revised its overly broad definition of “health care provider” for purposes of the statutory exemption.This change is the most significant one in the revised regulations. The original regulations permitted an employer to exempt anyone who worked in healthcare or related to healthcare, whether or not they were an actual health care provider. Thus, maintenance workers, or workers for medical device or pharmaceutical companies, could be deemed “exempt” from the FFCRA. The DOL has now tightened the definition to mirror the definition of “health care provider” in the FMLA, and now covers only physicians and others who make medical diagnoses, and those capable of and employed to provide diagnostic services, preventive services, treatment services, or other services that are integrated with and necessary to the provision of patient care.
4. The DOL corrected an inconsistency about when an employee may be required to give notice to his or her employer of the need for expanded family and medical leave.The DOL amended the FFCRA’s regulations so that they are consistent with the FMLA’s requirements for advance notice. Now, notice of the need for expanded family and medical leave is required “as soon as practicable.” (The regulations previously prohibited advance notice for any leave under the FFCRA.)
5. The DOL clarified that the information the statute requires an employee to provide his or her employer to support a request for FFCRA leave must be given as soon as practicable.The regulations now provide that an employee is required to give the required documentation for FFCRA leave “as soon as practicable,” and not prior to taking the FFCRA leave.
These are common sense, business-friendly changes to the FFCRA’s regulations. Moreover, given that the Act sunsets on Dec. 31, 2020, it’s unlikely (but not impossible) that New York or another state will take another crack at striking down the revised regulations before the Act’s expiration.
Call centers typically are staffed by dozens, if not hundreds of employees during any given shift.
Most employees sit at workstations in relatively tight quarters in large, open rooms as they assist customers tracking an order or seeking to initiate a return. Such work environments, however, had to undergo an immediate makeover in March as the COVID-19 pandemic set in. By June, a remarkable42 percent of the U.S. labor force was working from home full time, according to Stanford University research.
Dallas-based PFS, a global ecommerce call center provider for high-profile consumer brands including Yves Saint Laurent, L’Oreal and Asics running shoes, was well aware of the pivot it needed to make. Immediate, wholesale changes in where and how its call center employees worked was imperative given safety and social distancing regulations.
With an accelerated shift to online shopping, it was crucial for PFS employees to provide uninterrupted service to customers as company executives sought solutions to keep its employees healthy and productive, said Dawn Brewster, vice president of PFS global customer care.
Some employers had difficulty implementing a productive work-from-home model. Companies with large hourly employee bases faced time and attendance concerns as well aslegal hurdles. But PFS, whose hourly workers account for about 90 percent of its employee base across its four contact centers, was ahead of the curve, Brewster said.
“Creating a work-from-home model in such short notice amid a pandemic was a challenge at first,” Brewster said. “We needed to prioritize our employees’ safety and ensure our clients received the same level of customer experience, regardless of where agents were operating from.”
PFS quickly built a model that helped employees emotionally and physically, Brewster said, adding that they conceived and implemented a work-from-home plan in just two weeks.
“The urgency to shift our call centers remotely without any lag in output for our clients was a challenge that our team was able to rise above,” she said. “We designed a solution that translated our typical processes and technology to a remote solution, ensuring that any operational shifts were designed with the employee in mind first.”
PFS employees remain 100 percent remote through the company’s work-from-home model, which allows employees to avoid the complicationsCOVID-19 presents for normal in-office experiences, Brewster said.
“We have made our employees’ mental and physical health our top priority,” she said. “Through Communities in Microsoft Teams, employees can interact with other employees to ask questions or share best practices for how to respond to various customer requests, much like they would on-site at the contact center. We have done everything possible to simulate an on-site environment to support our agents through this difficult time.”
PFS continues to operate multiple shifts through its work-from-home model, Brewster said. Employees clock in remotely using various time-and-attendance platforms, she added.
“Multiple shifts are standard practice for us,” she said. “We typically have six to seven shifts running between 7 a.m. to 11 p.m., depending on client’s requirements. We can support as many shifts required, up to and including 24/7 support.”
To date PFS has not reopened its centers. Yet PFS executives have been pleasantly surprised at the results of implementing a work-from-home policy, said Brewster, who has been at the forefront of making sure PFS’ remote work model was a success.
What began as a response to an immediate need to prioritize employee safety actually resulted in improved contact center metrics, she said. Employees are happy to be working from home and it shows. Quality assurance review rates have improved as supervisors and managers maintain employee engagement through increased team and individual meetings, she said.
“PFS has seen a drop in attendance issues and we’re experiencing lower attrition rates across clients,” Brewster said. “We helped our employees transition to working from home, giving them all of the necessary tools to be successful. This has led to an overwhelmingly positive response from both clients and employees. We have increased our quality-assurance review rates, and supervisors and managers are maintaining employee engagement through increased team and individual meetings.”
Given the immediacy of such a drastic shift in its workforce, PFS executives adhered to patience and adaptability to shift employees to remote work environments. Brewster suggests other organizations should consider breaking up shifts to offer flexible scheduling, adopting new technologies and increasing communications and training with its employees.
“Embracing these shifts offers an immense upside for organizations,” she said. “We’ve seen increased performance and happier employees since the shift to work from home. Additionally, we have been able to expand our recruiting capabilities now that we are no longer tied to a physical location.”
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“The coronavirus pandemic has been particularly impactful on older communities,” Graham said. “Adult children have had to take on more responsibilities for their elder parents, from running errands to providing full-time care. Our partnership with Bright Horizons has provided help to those employees who are providing elder care.”
To date PFS has not reopened its centers. Yet PFS executives have been pleasantly surprised at the results of implementing a work-from-home policy, said