August 26, 2020 | Category: Did You Know?, FFCRA

In this crazy avalanche of 2020, we have seen so many new issues arise. New laws have been enacted. We have had new employee scenarios that we never thought we would have to deal with. We have handled the implementation of mask requirements. We have navigated changes to our workforce by implementing remote work, conducting layoffs and for some, closing their facilities. We are adjusting schedules to ensure coverage while employees home school their children. At NAE, we have worked diligently to provide fact sheets, webinars, and policies to help employers through this season of new things.

As we hold on tight to the roller coaster, we have been presented with a new scenario. This slipped by many employers, but it affects more businesses than originally thought.

Did you know FFCRA may still affect you even if your company has over 500 employees?

When the FFCRA was implemented earlier this year, employers looked at the number of employees to be compliant and put themselves into a specific group. You were either over 500 employees and not required to provide COVID-related leave or you were under 500 employees and needed to comply. Unfortunately, there were some other considerations to be made that some were not aware of.  The employee count had to include employees that are on leave, employees who are jointly employed by you and another employer, and day laborers supplied by a temporary agency. The key here is the jointly employed statement. If the staffing agency has more than 500 employees, than they would not necessarily have to pay for leave under FFCRA. However, if they place employees at a business that is under the 500 employee threshold, it may have to provide the leave.

At NAE, we often see issues in the joint employer world when both employers are not aware how their relationship affects the application of certain employment laws. We are uniquely situated to provide our members updates to these laws but the caution for many employers would be to make sure any joint employer relationship is clear. The relationship goes deeper than a signed contract and the paying of invoices. If you are utilizing a temporary staffing service to fill some of your positions and you qualify for FFCRA coverage, you may want to have a discussion with your agency to ensure that the temporary employees are being paid for the necessary leave. If you are a larger employer, it is still recommended to speak with your agency as they may be covered under FFCRA. As always, NAE is ready to assist with understanding the application of FFCRA and other laws.