The following information was provided to us from our partners at Geauga JFS.

Families First

Coronavirus Response Act

Quick Answers to Your Questions on Federally Mandated Paid Leave

While final rules should be published by April 2, 2020, here’s what we know thus far:

WHAT IS “FEDERALLY MANDATED PAID LEAVE”?

There are actually TWO aspects of paid leave in the Act.  Both divisions are limited to COVID-19 related leave.

Division C:  Public Health Emergency Leave

Uses the existing Family Medical Leave Act to provide employees with up to 12 weeks of JOB-PROTECTED LEAVE. It provides:

• 12 weeks of PAID LEAVE to employees unable to work or telework because they must care for children whose schools are closed or whose child care provider is unavailable because of COVID-19.
  • The first 10 days may be unpaid.
  • Pay for the remaining available leave must be paid at the rate of 2/3 of the employee’s regular rate of pay, up to $200 per day, capped at a per-employee max of $10,000.
  • For employees whose work was not regular, the employer is required to average the number of hours worked for the 6-month period preceding the leave. The rate should reflect what the employee reasonably should have expected to work.

Division E:  Emergency Paid Leave

The second part of the paid leave provision pertains only to the COVID-19 emergency.  Two (2) WEEKS of PAID SICK LEAVE for an employee who:

• HAS a current diagnosis of COVID-19, or is under quarantine order by a healthcare provider, employer or a local, State or Federal official; or*
• has been advised by a healthcare provider to self-quarantine due to concerns related to COVID-19; or
• is experiencing symptoms of COVID-19 and is seeking a medical diagnosis; or
• is caring for an individual who has a current diagnosis of COVID-19 or is under quarantine; or
• is caring for a child whose school or care provider is closed or unavailable due to COVID-19 precautions; or
• is experiencing any other condition substantially similar to COVID-19, as specified by the U.S. Department of Health and Human Services
  • Employees eligible for this leave should be paid their regular wages, capped at $511 per week.

WHO IS ELIGIBLE FOR THESE LEAVES?

• Employees working for employers with LESS THAN 500 employees who have been employed AT LEAST 30 days.
• Part-time workers.
• GIG economy workers (Uber, Instacard shoppers) IF they pay taxes.

 ARE ANY EMPLOYERS EXEMPTED?

Employers with less than 50 employees can petition the Department of Labor for exemption, if providing the leave would put them out of business.

HOW CAN SMALL BUSINESS AFFORD THIS?

Employers required to provide paid leave under either Division C or E will be reimbursed the full amount of paid leave, within three (3) months, in the form of a payroll tax credit. The reimbursement will also cover the employer’s payment of health insurance during the leave.

IS THIS FOREVER?

No. It is in response to COVID-19 and expires December 31, 2020.

WHAT ELSE?

• An employer may not require an employee to use other paid leave provided by the employer before using the paid sick time provided under H.R.6201.
• EMPLOYEE NOTICE. After the first workday (or portion of a day) an employee receives paid sick time, an employer may require the employee to follow “reasonable notice procedures” in order to continue receiving paid sick time.
• EMPLOYER NOTICE. Employers shall post and keep posted, in conspicuous places, notice of the emergency paid sick time requirements made available under H.R.6201.**
• NO RETALIATION. Employers may not discharge, discipline, or discriminate against any employee who (a) takes paid sick time, or (b) has filed a complaint or proceeding or testified in any such proceeding related to the benefits and protections provided by H.R.6201. Further, employers may not require, as condition of providing paid sick time, that an employee search for or find a replacement employee to cover the hours during which the employee is using paid sick time.
• JOB RESTORATION.  Employees taking leave under these provisions are entitled to be restored to the position they held before the leave.
  • Exceptions: Employers with 25 or fewer employees do not need to return the employee to their former position:
    • The position no longer exists due to changes in the employers’ operations that were caused by the COVID-19 emergency
    • The employer made “reasonable efforts” to return the individual to an equivalent position
    • The employer makes “reasonable efforts” to contact the employee when an appropriate position becomes available

________________________________________________________

*It is not clear if this is an “OR” or an “AND”. The Act does not specify whether the employee is only entitled to a total of 2 weeks paid leave for any issue arising out of the COVID-19 emergency.

**This will be made available to the Secretary of Labor “7 days” after enactment of the Bill.

Middlefield Village Help Line If you need assistance the community is here to help.  Please email the help line at helpline@middlefieldohio.com or call 440-488-7572

Middlefield Businesses’ Local Small Business Development Center is located at Lakeland Community College. Link to the Small Business Development Center Page: http://lakelandcc.edu/sbdc 

SBA Disaster Assistance in Response to the Coronavirus:  SBA.gov/disaster 

Governor Mike DeWine, Lt. Governor Jon Husted, and Ohio Development Services Agency Director Lydia Mihalik announced 3/19/2020 that the U.S. Small Business Administration (SBA) has qualified the State of Ohio for the Economic Injury Disaster Loan program.

As a result, Ohio businesses and non-profits economically impacted by the outbreak of COVID-19 may now apply for a low-interest loan of up to $2 million to help pay for fixed debts, payroll, accounts payable and other bills that can’t be paid because of the disaster’s impact. You can apply for the loan online at https://disasterloan.sba.gov/ela/, which is recommended, or by calling 1-800-659-2955 to have an application mailed to you.

To expedite the application process, applicants should have ready complete copies of their most recent federal income tax return and a completed and signed IRS Form 4506T, which authorizes the release of tax information. Additional information to have available would be a schedule of liabilities, personal financial statement, monthly sales figures, a current year-to-date profit-and-loss statement, and a year-end profit-and-loss statement and balance sheet for that tax year if the most recent federal income tax return has not been filed.

As efforts to combat the outbreak of the COVID-19 virus continue, Governor DeWine and his administration will continue to identify ways to support the state’s small businesses and nonprofits. For the latest and most accurate information regarding the COVID-19 outbreak, please visit Coronavirus.Ohio.Gov or call 1-833-4-ASK-ODH.

• For additional information, please contact the SBA disaster assistance customer service center. Call 1-800-659-2955 (TTY: 1-800-877-8339) or e-mail disastercustomerservice@sba.gov.

• Visit SBA.gov/disaster for more information.

SBA ELA0-Business Loan Application (SBA 5)

SBA HANDOUT_SBA Disaster Assistance_Resources for Businesses (002)

SBA Webinar Material-Coronavirus 03.14.20

Resources for Economic Support: CLICK HERE

Additional Support Links:

Small Business Support

• SBA Disaster Assistance in Response to COVID-19 Virus 
• BWC: For questions about COVID-19’s effect on BWC, you can email BWCCOVID19@bwc.state.oh.us.
• Alternative to Layoff – Shared Work Ohio.gov/SharedWorkOhio
• Middlefield Village Economic Development
• Department of Labor Fair Labor Standards Act Q&A: https://www.dol.gov/agencies/whd/flsa/pandemic
• The IRS has established a special section focused on steps to help taxpayers, businesses and others affected by the coronavirus. This page will be updated as new information is available. https://www.irs.gov/coronavirus

Resident Support

• Coronavirus and Unemployment Benefits: Questions and answers regarding the coronavirus (COVID-19) and the impact on unemployment benefits can be found here: http://jfs.ohio.gov/ouio/CoronavirusAndUI.stm.  Apply Here:  https://unemployment.ohio.gov/ 
• Middlefield Village Help Line If you need assistance the community is here to help.  Please email the help line at helpline@middlefieldohio.com or call 440-488-7572
• The IRS has established a special section focused on steps to help taxpayers, businesses and others affected by the coronavirus.  https://www.irs.gov/coronavirus

Additional links for information and assistance

• Corona Virus – OH Updates
• Economic Resources for Ohio Businesses
• Families First Coronavirus Response Act
• Help Line – Middlefield Village
• OH Department of Commerce
• SBA – Disaster Assistance Programs
• Tax Relief – IRS Information
• Wage an Hour Guidance – Dept. of Labor
• Unemployment – Ohio