Friday the 13th! Weekly Round Up

Did you know that Friday the 13th occurs in any month that begins on a Sunday? Quite simple math but I never really thought about it! The fear of Friday the 13th affects an estimated 17 to 21 million people in the United States, according to the Stress Management Center and Phobia Institute. However, studies on accident trends show that fewer accidents are reported on this day, as people are likely more cautious and limit travel and activities. You can find more interesting tidbits on the history of Friday the 13th at Earthsky.org

Here are our highlights from the week

Veteran’s Day 2020

The United States just honored its Veterans with the observance of Veteran’s Day. The anniversary of Veteran’s Day marks the end of World War I back in 1918. Originally coined as Armistice Day, to reflect the signing of the armistice between the Allies of World War I and Germany, was renamed Veteran’s Day in 1954 to honor all those that have served in the U.S. Military. November 11th is also celebrated by other countries as Armistice Day and Remembrance Day. While times have certainly changed for our Country since the early 1900’s, I thought sharing the below quote from President Woodrow Wilson, on the first anniversary of such an important day, was fitting for the times.

“To us in America, the reflections of Armistice Day will be filled with solemn pride in the heroism of those who died in the country’s service, and with gratitude for the victory, both because of the thing from which it has freed us and because of the opportunity it has given America to show her sympathy with peace and justice in the councils of nations.” You can find more on the History of Veteran’s Day, here at U.S. Department of Veterans Affairs

The U.S. Department of Veterans Affairs is also always accepting donations and volunteers. Learn more on how you can show thanks and give back, year-round, to those whom have given us so much.

MilitaryBenefits.info has put together a listing of the 2020 Veteran’s Day Free Meals and Deals for those of our Veterans reading this post, many of them throughout the week and month of November.

To all Veterans, We thank you for your sacrifice, your bravery, and our freedom.

Hot for PEOs and Small Business

AllRisks is pushing their Self-Storage Facility Program in light of non-renewal trends related to program administrators losing their markets. AllRisks has been providing solutions for storage-related exposures including products for boat/RV storage operators, self-storage facilities and converted buildings. They have 2 exclusive Self-Storage Programs with National Capabilities. AllRisks offers over 30 National Specialty Insurance Programs ranging from Amusement Insurance to Tattoo Shops. Contact Libertate Insurance today for more information.

PIE Insurance released updates of important need to know facts about workers compensation claims fraud and how to protect your business. Types of workers’ comp insurance fraud fall into three categories:

1- Employees committing claim-related fraud by fabricating details surrounding an injury. Injury claim indicates injury happened at work in the warehouse, when it really happened on a ski trip over the weekend

2- Employers may engage in policy-related fraud by falsely reporting employees as contractors or by improper employee classification; i.e. admin desk position is reported when employee is actually a warehouse worker performing manual labor

3- Healthcare professionals can commit medical provider fraud by performing unnecessary services to collect insurance payments, fraudulent billing or partaking in kick-back programs

Workers’ comp fraud has historically cost between $6 and $7 billion dollars each year based on estimates from CAIF (Coalition Against Insurance Fraud) and the NICB (National Insurance Crime Bureau). Insurance fraud is a white-collar crime and can lead to fines and imprisonment, and increased premiums and penalties for small businesses. The Claims Journal issued an article in August of 2020, indicating that with COVID-19 the California Workers Compensation Insurance Rating Bureau is estimating annual losses in the state of $1.2 billion, extrapolated nationally approximating $5 billion. The plan to combat fraud? Data! Insurers are accessing cross-payer, multi-year claims data to identify repeat claimants, attorneys and medical providers.

How do we protect ourselves and our businesses? Educate and Document!

  • Be forthcoming about physical requirements and hazards of the job
  • Educate employees as to the proper way to lift, pull, and carry objects
  • Provide training on work-related hazards, exposure risks, and safety equipment
  • Inform employees and new hires about a zero-tolerance policy for false claims
  • Teach employees how workers’ comp works and how to correctly report injuries
  • Provide a safe way for employees to report suspicious workers’ comp activity
  • Maintain and report accurate records regarding employee roles and numbers

This is great HR information to help support businesses and mitigate risk. If you have questions or are limited in your HR resources contact Libertate Insurance today, we can help.

NAPEO released its November 2020 edition of PEO Insider, for members. Interesting Featured Articles in this month’s release include Q&A on State Legislative and Regulatory Trends, Non-COVID-19 Developments in the States, What PEOs Need to Know About the SECURE (Setting Every Community Up for Retirement Enhancement) Act, and so much more. Take a few minutes and dive into some of these interesting and useful articles. NAPEO is a great organization for all things PEO.

NAPEO also hosted an online webinar last night, for members, going over the 2020 Election and what’s next! Georgia and Washington are in recount and lawsuits have been filed in Arizona, Georgia, Michigan, Nevada as well as Pennsylvania.

Notable key dates in the upcoming months:

December 8th – states are required to settle all disputes

December 14th – Electoral College meets at state level and votes for President

January 6th – Joint Session of Congress counts electoral votes and declares a winner

January 21st – President is sworn in

If you are not currently a member of NAPEO, visit their site here and learn how to join.

Weekend in Sports

There are a ton of football events continuing this weekend with football seemingly back in full swing. South Alabama vs Louisiana, Notre Dame vs. Boston College, Miami vs. Virginia Tech, USC vs. Arizona, Florida State vs. NC State and the list continues, hope you have the opportunity to catch your favorite team. For our NFL roster Kansas City comes in the first ranking spot for week 10, they have a bye week so we won’t be able to watch them play this weekend. The next highest ranking teams are Pittsburgh and Baltimore. Pittsburgh squares off against Cincinnati 4:25pm ET catch them on FOX and Baltimore will battle New England at 8:20pm (ET) available on NBC. Find more on your favorites here at ESPN.com

Have a Great Weekend Everyone!

More Important Information on Covid-19; CDC and Workers’ Compensation

The start of Flu Season, a potential 2nd Wave of Covid-19 and employers focusing on phased re-openings here are the latest updates and reminders for things you need to know.

CDC Redefines “Close Contact” Under COVID-19 Guidance

On Wednesday, Oct. 21, 2020, the Centers for Disease Control and Prevention (CDC) clarified what “close contact” means as it relates to COVID-19-prevention guidance.

Previously, the CDC defined close contact as spending 15 straight minutes within 6 feet of another person. Now, the organization redefined the term to mean a total of 15 minutes within a 24-hour period. That means short, repeated contacts throughout the day count toward that 15-minute threshold.

The CDC strongly encourages anyone who comes into “close contact” with a COVID-19 patient to self-quarantine for two weeks.

Employer Takeaway

This update serves as a stark notice that COVID-19 may spread more easily than formerly understood. It may even prompt more contact tracing among health departments and workplaces, especially in situations where contact was previously considered too brief for infection. Furthermore, this new definition may be most impactful in offices, factories and other facilities that have many people in close proximity for extended periods. Such locations may implement stricter mask regulations if they haven’t yet done so, per CDC recommendations. The organization stresses that wearing masks is one of the best ways to fight against COVID-19, especially since many infected patients do not exhibit symptoms.

The CDC has amended COVID-19 guidance before on several occasions, usually adopting stricter positions. With that in mind, employers can reasonably expect more updates in the future.

Workers’ Compensation Changes

Under most state workers’ compensation (WC) laws, COVID-19 may be a compensable, work-related condition only if an employee can show that:

  • He or she contracted the coronavirus while performing services growing out of and incidental to his or her employment; and
  • The disease arose out of that employment (work relatedness).

As of July 29, 2020, however, several states have made—or are in the process of making—changes that reverse this burden for certain employees. In general, these changes mean that it would be an employer’s burden to prove that an employee did not contract COVID-19 on the job, rather than the employee’s burden of proving that he or she did contract it on the job. While most of these changes apply only to certain types of workers—such as first responders, health care providers or those who are otherwise deemed “essential”—some changes apply the new presumption more broadly.

Many states have also taken actions that aim to reduce the impact of COVID-19-related claims on an employer’s WC premium rates.   

This Compliance Bulletin provides general information about the COVID-19-related changes made to state WC laws and policies.

Action Steps

Employers should follow all workplace safety guidance from the Occupational Safety and Health Administration (OSHA), the Centers for Disease Control and Prevention (CDC) and local health authorities to minimize the risk of employees contracting COVID-19 on the job. Employers should also familiarize themselves with state laws that may impact their workers’ compensation COVID-19 obligations and premiums.

Background

Workers’ compensation is a no-fault system that provides medical expenses and lost-income replacement for employees who sustain injuries or illnesses that arise out of and in the course and scope of their employment.

Each state has its own workers’ compensation law that governs of the process of determining whether an injury or illness is work related and therefore compensable.  Although workers’ compensation benefits are usually the exclusive remedy against an employer for any compensable condition, employers may also be subject to private lawsuits if they intentionally cause harm to an employee or fail to have workers’ compensation coverage as required.

COVID-19 Compensability Presumptions 

The table below provides a general overview of the changes to state workers’ compensation laws that have been enacted to provide a presumption that COVID-19 is a compensable, work-related condition for certain employees. Similar changes remain pending in other states. Employers should become familiar with (and regularly check for updates to) the detailed requirements that may affect them under all applicable laws.  

StateAffected EmployeesOrder/Change
AlaskaFirst responders and health care workers.Senate Bill 241
CaliforniaAll employees not working from home.Senate Bill 1159
ConnecticutAll essential workers.Executive Order 7JJJ
FloridaFront-line state employees.Directive 2020-05
IllinoisFirst responders and front-line workers, including essential workers who encounter members of the general public or work in a location with more than 15 employees.House Bill 2455
KentuckyAll essential workers.Executive Order 2020-277
MinnesotaFirst responders and health care workers.HF 4537
MissouriFirst responders.Emergency Rule
New HampshireEmergency response and public safety workers.Emergency Order 36
New MexicoState workers who provide direct assistance or care to COVID-19 patients or work inside a facility that provides direct assistance, care or housing to COVID-19 patients.Executive Order 2020-025
North DakotaFirst responders and health care workers.Executive Order 2020-12
UtahFirst responders and health care workers.Senate Bill 3007
VermontWorkers in jobs involving regular physical contact with known sources of COVID-19 or regular physical or close contact with patients, inmates or members of the public.Senate Bill 342
WashingtonFirst responders and health care workers.L&I Policy
WisconsinFirst responders and health care workers.Assembly Bill 1038
WyomingAll workers.House Bill 1002

Premium Calculations

The premiums an employer must pay for coverage under a workers’ compensation insurance policy is usually determined based on payroll, measures of risk associated with the jobs that workers perform and the number and type of WC claims that have been made against the employer in the past. Due to the effects the COVID-19 pandemic may have on these factors, some states (including California, for example) allow employers to reclassify employees or exclude COVID-19-related claims from their calculations.

Contact your PEO for additional information and ways to stay organized and healthy. If you are not currently benefiting from a PEO relationship contact Libertate Insurance, let us know how we can help.

This information is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice.

Preparing for the 2020 Flu Season – Debbie Downer Alert

Knowing the difference in symptoms. Check out this great visual from WFMTV news.
Brought to you by the insurance professionals at Libertate Insurance  

Preparing for Flu Season During the COVID-19 Pandemic

Each year, the seasonal flu has a marked impact on businesses and employers, causing increased absenteeism, decreased productivity and higher health care costs. The past few flu seasons have seen high hospitalization and mortality rates, which has public health experts fearing another deadly flu season.

Unfortunately, the 2020-21 flu season isn’t the only health crisis employers and employees have to address this year. The COVID-19 pandemic is still affecting the workforce, and the combination of another potentially bad flu season and the pandemic has public health experts worried.

As an employer, are you well-positioned to help keep your employees healthy and minimize the impact that influenza has on your business? The Centers for Disease Control and Prevention (CDC) recommends strategies to help employers fight the flu and talk to employees about what a flu season during the pandemic looks like.

Educate Employees on the Flu vs. COVID-19

Unfortunately, because the flu and COVID-19 are both contagious respiratory illnesses, some of the symptoms are similar. For example, as we now know, common flu symptoms include the sudden onset of fever, headache, fatigue, muscle aches, congestion, cough and sore throat. All of those are currently considered symptoms of COVID-19.

One of the difficult aspects of the COVID-19 pandemic is that the symptoms are wide-ranging and vary in severity. Some with COVID-19 may experience little to no symptoms, while others may be severely ill and require hospitalization.

Due to the similarity in symptoms between COVID-19 and the flu, it may be difficult to determine whether an employee has the flu or COVID-19 without being tested. As such, it’s important to encourage employees to stay home if they are sick and suggest a COVID-19 test.

Consider allowing employees to work from home, if they’re healthy enough to complete their work or while they wait for test results, and encouraging employees to take paid time off if they need to. If an employee tests positive for COVID-19 and needs to take time off to recover, they may be eligible for leave under a multitude of federal and state laws.

Preparing Your Workplace for Flu Season During the Pandemic

There are a variety of steps employers can take to protect employees and prepare for flu season—which may include steps you’ve taken in response to COVID-19—regardless of whether employees are in the office or working remotely.

Here are some strategies to consider:

  • Host an on-site, socially distanced vaccination clinic—One of the most important steps for preventing the flu is to get an annual flu vaccination. The CDC recommends that all people over the age of 6 months get a flu vaccine each year. Hosting an on-site flu vaccination clinic can help educate employees about the importance of vaccination and make it easier for them to get vaccinated.
  • Encourage employees to get the flu vaccine—If you choose not to or are unable to provide an on-site flu vaccination clinic, you can still emphasize the importance of vaccination to your employees and educate them about local opportunities to get vaccinated.
  • Disinfect and clean the office—Because the flu virus and the virus that causes COVID-19 can remain on surfaces long after they’ve been touched, it’s important that your business frequently cleans and disinfects the facility. Some best practices include:
    • Cleaning and disinfecting all frequently touched surfaces in the workplace, such as workstations, keyboards, telephones, handrails and doorknobs. Check with your cleaning company, they may not be performing these extra steps to ensure the viability of your employees and ultimately your company.
    • Discouraging workers from using other workers’ phones, desks, offices, or other tools and equipment, when possible. If necessary, clean and disinfect them before and after use.
    • Providing disposable wipes so that commonly used surfaces can be wiped down by employees before each use.
  • Implement and enforce social distancing protocols—Social distancing is the practice of deliberately increasing the physical space between people to avoid spreading illness. Social distancing best practices for businesses can include:
    • Avoiding gatherings of 10 or more people
    • Instructing workers to maintain at least 6 feet of distance from other people
    • Hosting meetings virtually when possible
    • Limiting the number of people on the job site to essential personnel only
    • Leveraging work-from-home arrangements and staggered shifts when possible
    • Discouraging people from shaking hands
  • Employee safety training—Ensure that all employees understand how they can prevent the spread of COVID-19 and the flu, taking into account:
    • Respiratory etiquette and hand hygiene—Businesses should encourage good hygiene to prevent the spread of respiratory illnesses like the flu and COVID-19. This can involve:
      • Providing tissues and no-touch disposal receptacles
      • Providing soap and water in the workplace
      • Placing hand sanitizers in multiple locations to encourage hand hygiene
      • Reminding employees to not touch their eyes, nose or mouth
      • Asking employees to wear a mask or face covering when social distancing is not possible
    • Staying home when sick—Encourage employees to err on the side of caution if they’re not feeling well, and stay home when they’re sick or are exhibiting common symptoms of COVID-19 or the flu.

These strategies may not be right for every organization. Depending on the nature of your business, you may need to implement additional prevention strategies.

The key is having a strategy and making sure everyone is informed and on board. Reach out to Libertate Insurance for additional resources on preparing your workplace for flu season.

Where Does My PPP Funding Leave Me?

The U.S. Chamber of Commerce has useful guidance in regard to the Paycheck Protection Loans under the Paycheck Protection Program (PPP).  Weighing on most of us is how these loans are going to impact our businesses long term, as the guidance from the Small Business Administration (SBA) keeps changing.

The SBA was very quick in issuing the note agreements, payment terms and interest rates on the Economic Injury Disaster Loans (EIDL), also noting that if an advance was given under these loans the advance amount would be deducted from the potential forgiveness of the PPP loan. Yes, an advance under one loan would be an offset to the portion of allowable forgiveness under another!  The EIDLs are not forgivable but they have been set up on 30 year terms; seemingly manageable.

One important thing I’ve taken away from this experience is that the PPP loans were issued and managed through the SBA approved private lenders and then backed by the SBA. This meant, after digging around on the internet, calls to our lender and calls to the SBA that the forgiveness application would be handled by the lender.  Oddly enough, it didn’t seem like our lender knew that.  After much persistence, I found that forgiveness applications were being accepted and processed for those applicants that received funding in excess of $2M.  That meant the “small-business” funding recipients, the originally intended recipients of the CARES Act would have to wait for any clarity or solace on how these funds would ultimately be of impact.

I think it’s safe to assume that we all understand the rules as they currently stand and we are admittedly thankful for the CARES Act.  The end game goal with the PPP loan is that you needed to keep staff on payroll, if you laid anyone off you needed to rehire them and overall you needed 60% of the funding to go towards payroll with the remaining funding allowed towards mortgage interest, rent and utilities.

Again, that leaves me with the question of what the overall impact to the business will be. This is where it counts!  Let’s for a moment consider that we have utilized the funding properly and within the terms of forgiveness at 100% with the EIDL advance that was received also having an impact.  We essentially received a pass for a period of time related to our payroll costs, rent, and utilities.  The expenses are still sitting on our P&L,  we have a note that will be forgiven which will ultimately end up as income, but the IRS will be limiting the deduction of these expenses from our business’ taxable income.

What does this mean?  Now is the time to pull your General Ledger and scour through your P&L line items.  Understand your normal deductible business expenses and make sure that you have items classified properly for your tax reporting.  Don’t leave this for your tax preparer to question; nobody knows your business like you do. Who in your company is responsible for credit card allocations? How many times do you use your corporate credit card and the accounting team inadvertently books those charges to meals & entertainment or distributions, when in actuality it was a corporate team building lunch related to a client account or a client meeting, i.e. business meal, marketing or travel related expenses.? Meals & entertainment are limited at 50%, be cautious as to what is classified here.  Marketing, travel and mileage are 100% deductible.

In summation, if the PPP funding was utilized within the forgivable guidelines you should be able to apply for forgiveness at 100% less the EIDL advance you’ve received. These forgiven expenditures will be unallowed deductions on your tax filing for the year so make sure your other business related expenses are classified properly to capture as many deductible expenses as possible to reduce your tax liability. Connect with your lender and identify their protocol for the forgiveness application. A Professional Employer Organization (PEO) can be immensely helpful in providing canned reporting for both the PPP application process and the allowable payroll costs under the 8 week or 24 week option under the PPP loan needed for the forgiveness application.  

If you are unsure as to whether or not a PEO makes sense for your small business, we can help you decide! Libertate Insurance Services has a client first motto and works hard to help transfer risk in your business. So whether you’re looking for a PEO or you are a PEO seeking hard-to-place markets, connect with us today. Visit our website here for more info or check out the rest of the PEO Compass blogs here.

We would love to connect with you!

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Research credits: IRS.gov, uschamber.com, sba.gov

When Robert Hartwig Talks, People Listen…

As I was pulling this post together, for good reason, the old EF Hutton commercials we grew up with (dating myself)…

…came to mind. “When E.F. Hutton talks, people listen”…

As EF Hutton was considered (or at least advertised) as “the smartest guy in room” for all things investments; the same holds true for Robert Hartwig @Bob_Hartwig when it comes to insurance economics. He is the guy insurance company CEO’s call to help predict the future and someone I have had the pleasure to meet and see present on a few occasions. You will not see anyone provide more data and direction in a short session that is credible and meaningful.

Robert, a PHD/CPCU, was the former Chief Economist of the Insurance Institute of America and currently serves as the Clinical Associate Professor of Finance, Risk Management & Insurance @ USC’s Darla Moore School of Business. His latest presentation points to some areas that are important to understand and budget for.

https://www.uscriskcenter.com/wp-content/uploads/2020/09/Inland-Marine-UW-Association-American-Institue-of-Marine-Underwriters-9-30-2020.pdf

I have listed some of my key take-aways below and the slide number you can reference for the detail:

Slide 12 – 12.5-25% reduction in workers’ compensation premiums based on rate reductions coupled with drop in exposure basis due to COVID-19. COVID-19 Claims will not be used for rate-making purposes in most states until 2021. All other lines are seeing material drops in written premium due to usage, but rates at the same time are on the rise.

Slide 13 – Range of workers’ compensation losses on a national basis due to presumption is $.2 – $92B … quite a delta and as you will note, and a far greater one than any other line (which are also not yet understood). The range for Business Interruption losses is next with anywhere from $2B – $22B expected. The courts will be the most impactful on where this end result comes in based on policy interpretation. Policy language and intent will be the battlefronts.

Slide 15 – Cost of COVID v comparable pandemics in recent age – the cost and number of countries impacted by COVID-19 versus other pandemics (SIKA, Swine Flu, SARS etc.) is staggering and exponential.

Slide 30 – Presents the investment yield trends for 10-year US Securities which is a foundational “safe” investment for insurance carriers – down 61%. Puts more pressure on operational results which in turn, more pressure on upward pricing.

Slide 31 – 9 of the the top 10 ever point drops on the S and P ever occurred in 2020. The 3’rd largest percentage drop in history occurred on 3/16/20 at -11.98%/-324.9 points. This volatility is of grave concern to the investment strategies of the insurance carrier community. This also puts upward pressure on pricing.

Slide 41 – Business closures will cause debt of $3T for at least a generation to overcome. This is very saddening and a complex issue to make a call on. Be safe and put us in debt for another generation or open up and hope for the best? Question of the century –

Slide 47 – Rates on most lines of insurance (with the exception of Workers’ Compensation) are rising at a rapid pace. Umbrella (20%) and Directors and Officers insurance (16.8%) being hammered the hardest, with Business Interruption (9.7%), Commercial Auto (9.6%) and Employment Practices Liability insurance (9.4%) also expecting hefty increases.

Slide 50 – Business Interruption insurance will be highly litigated going forward, especially on those policies that do not have a pandemic disease exclusion. This and the presumption issue in regard to workers’ compensation are what will cause the greatest uncertainty going forward as to the exposure to the insurance community and how they react as a result the pandemic.

In conclusion, it has been a long cycle of premium reductions. Drop of exposure basis (payrolls, sales, miles travelled etc) may neutralize overall premiums to some extent, but the “as is or lower” rate renewals of the last decade will be very tough to navigate this year. Get out ahead of your renewals, especially on the specialty casualty side. Let us know if we can help.

NAPEO and How to Price Your Workers’ Compensation Exposure

While this year’s “Super Bowl” for NAPEO was a bit different, I was very impressed in what was put together under the shadow of the pandemic.  Great content and albeit virtually, great to catch up with folks.

My dear friend and colleague Tom Stypla did a lunch and learn on how to price client companies for workers’ compensation that is linked here…

How to Price Your Workers’ Compensation Exposure Final

Tom has priced more PEO business than anyone I know.  His understanding of PEO workers’ compensation is extremely impactful.

If we can help you with an underwriting strategy or an individual client, let us know!  321.217.7477 is my cell….

Congrats Abram Finkelstein…this year’s recipient of NAPEO’s Michaeline A. Doyle Award!

As most know, NAPEO is hosting its annual conference virtually this week.  It is with great excitement we announce that our client and friend, Abram Finkelstein, received this year’s Michaeline A. Doyle Award.

The purpose of this award it to recognize an individual who has provided exemplary leadership and service in devoting his/her time to association or industry activities on a local or national basis, with little or no previous recognition for his/her efforts. The award aims to recognize the person whose business philosophy is to improve the industry while improving his/her own PEO.

This award is in memory of Michaeline A. Doyle who exemplified these characteristics in her relationships with our industry and association.

Again, congrats to Abram!  Well deserved!

Paid Leave for Employees if School/Daycare/Summer Camps are Closed

With the new school year fast approaching and some schools electing to delay the start date, we want to make sure employers are plugged into the requirements of FFCRA. Small businesses are required by the Families First Coronavirus Response Act (FFCRA) to give employees paid leave from wok in certain circumstances relating to COVID-19. One requirement is that the child’s school/daycare/summer camp must be unavailable because of COVID-19.

The below article from FUBA helps breakdown the requirements of FFCRA.

Small businesses are required by the Families First Coronavirus Response Act (FFCRA) to give employees paid leave from work in certain circumstances relating to COVID-19. Employees who cannot work due to very specific reasons related to COVID-19 are entitled to two weeks of paid leave, with an additional 10 weeks of paid leave if they have to stay home to care for a son or daughter whose school, daycare, or summer camp is closed due to COVID-19.

If you have an employee who cannot come to work because they have to take care of a child because the child’s summer daycare – a school, camp or other program in which the employee’s child is enrolled – is closed or unavailable for a COVID-19 related reason, the employee may be entitled to paid leave.

Keep in mind that the child’s school/daycare/summer camp must be unavailable because of COVID-19. School being closed for summer vacation does not qualify an employee for paid leave because school is always closed during the summer and that closure is not related to COVID-19. If school does not reopen in the fall due to COVID-19, that may qualify employees for paid leave. However, if schools reopen but the employee’s children are attending online or digitally, the employee may not qualify for paid leave.

If an employee requests paid leave, you should get the following:

  1. The employee’s name and the dates the leave is requested
  2. A statement of the COVID-19 related reason the employee is requesting leave
  3. A statement that the employee is unable to work or telework for this reason
  4. Documentation supporting the reason for leave

The employee also needs to give you the name and age of the child they will be taking care of, the name of the daycare/summer camp that has closed, and they must provide a statement that no one else will be caring for the child while the employee is on paid leave. If the child is older than 14, the employee must show that special circumstances require them to stay home with the child during daylight hours.

Employees taking paid leave because their child’s daycare/summer camp is closed due to COVID-19 must be paid two-thirds their regular rate of pay, up to $200 per day. Learn more about calculating pay here.

You can offset the cost of their leave by keeping a portion of the quarterly federal employment taxes you would otherwise deposit with the IRS. If the cost of the leave is more than your federal employment tax bill, you can request an advance refund from the IRS using form 7200. To claim a payroll tax credit, you must retain the documentation described above and comply with any IRS procedures for claiming the tax credit. For more information about how to claim these payroll tax credits and what documentation is required, click here. For more information about form 7200, click here.

Click here to learn about other reasons that entitle employees to paid leave.

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This article was written by FUBA Workers’ Comp