When it comes to dealing with communicable disease-related issues within the workplace, planning is everything. What kinds of things might an employer do to lessen the impact of a communicable disease disaster on their business? Join this panel of experts as they explore these topics: (1) FFCRA-eligibility, hardship waivers, benefits required; (2) Increased employer medical screening, testing & temperature taking; (3) Managing remote work, how to assess eligibility for remote work (job descriptions, accommodations, electronic access); (4) Workplace communication--HIPAA, privacy, etc. To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/the-impact-of-communicable-diseases-on-the-workplace-2020/

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5. Disclaimer
The material in this webinar is for informational purposes only. It should not be considered
legal, financial or other professional advice. You should consult with an attorney or other
appropriate professional to determine what may be best for your individual needs. While
Financial Poise™ takes reasonable steps to ensure that information it publishes is accurate,
Financial Poise™ makes no guaranty in this regard.
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6. Meet the Faculty
MODERATOR:
Charles Krugel - Law Offices of Charles Krugel
PANELISTS:
Helen Bloch - Law Offices of Helen Bloch, P.C.
Max Barack - Partner, Garfinkel Law Group
Gary Savine - Savine Employment Law, Ltd.
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7. About This Webinar
When it comes to dealing with communicable disease-related issues within the workplace,
planning is everything. What kinds of things might an employer do to lessen the impact of a
communicable disease disaster on their business? Join this panel of experts as they explore
these topics: (1) FFCRA-eligibility, hardship waivers, benefits required; (2) Increased
employer medical screening, testing & temperature taking; (3) Managing remote work, how to
assess eligibility for remote work (job descriptions, accommodations, electronic access); (4)
Workplace communication--HIPAA, privacy, etc.
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8. About This Series-
Protecting Your Employee Assets: The Life Cycle of
the Employment Relationship 2020
If you have employees or advise companies with employees, this webinar series is for you!
No employer—whether large, medium or small—is immune from the reach of federal, state
and/or local employment laws and regulations. Now, more than ever, employers should
consider taking a proactive approach to auditing their employment practices and policies so
that they can better respond when issues arise. This webinar series approaches the
employer-employee relationship from beginning to end, with programs covering the most
important steps along the way, including hiring and onboarding, policy and procedure
development and training, wage and hour compliance, accommodating disabled employees,
conducting investigations and considerations associated with ending the relationship.
Each Financial Poise Webinar is delivered in Plain English, understandable to investors, business owners, and
executives without much background in these areas, yet is of primary value to attorneys, accountants, and other
seasoned professionals. Each episode brings you into engaging, sometimes humorous, conversations designed to
entertain as it teaches. Each episode in the series is designed to be viewed independently of the other episodes so that
participants will enhance their knowledge of this area whether they attend one, some, or all episodes.
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9. Episodes in this Series
#1: Welcome to the Team! Recruiting and Hiring, Including Restrictive Covenants
Premiere date: 1/28/20
#2: An Ounce of Prevention: Policies, Procedures and Proactivity
Premiere date: 2/25/20
#3: Show Them the Money: Wage & Hour Compliance
Premiere date: 3/24/20
#4: The Impact of Communicable Diseases, Including Coronavirus, on the Workplace
Premiere date: 4/28/20
#5: I Know What You Did Last Summer: Workplace Investigations
Premiere date: 5/19/20
#6: It’s So Hard To Say Goodbye: Minimizing Risk When Terminating Employees
Premiere date: 6/16/20
#7: Time for a Break: Managing Leaves of Absence and Accommodating Disabilities
Premiere date: 7/30/20
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10. Episode #4
The Impact of Communicable Diseases, Including
Coronavirus, on the Workplace
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11. Families First Coronavirus Response Act (FFCRA)
• Signed into law March 18, 2020. Amended by CARES Act March 27, 2020.
• Applies to leave taken between April 1, 2020 through December 31, 2020.
• Expands the FMLA to provide Public Health Emergency Leave.
• Provides Emergency Paid Sick Leave.
• Applies to employers with fewer than 500 employees and all public employers, with some
exceptions.
• Employers can deny leave to health care providers and emergency responders.
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12. FFCRA – Public Health Emergency Leave –
Eligibility/Qualifications
• Provides up to 12 weeks of FMLA leave as “Public Health Emergency Leave.”
• Eligibility triggers after 30 days of employment.
• To qualify for leave, an employee must have a “qualifying need” related to an emergency
declared by a federal, state or local authority regarding COVID-19.
• A qualifying need for live is an inability to work (or telework) because of a need to care for a
minor child if:
 The child’s school or place of care has been closed; OR
 The child’s regular paid care provider is unavailable.
• Leave would also extend to an employee’s adult son or daughter who has a disability and
is incapable of self-care.
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13. FFCRA – Public Health Emergency Leave –
Job Resoration
• Employer must restore employees to their same or similar position upon return from Public
Health Emergency Leave.
• Smaller employers (25 or fewer employees) are exempt from job protection duties if:
 The position held by the employee does not exist due to economic conditions or other
changes in operating conditions that affect employment and are caused by a
coronavirus-related emergency declared by a federal state, state, or local authority.
 The employer makes reasonable efforts to restore the employee to an equivalent
position with equivalent pay and terms
 After reasonable efforts fail, the employer makes reasonable efforts to contact the
employee about an equivalent position, if one becomes available, for 1 year following the
conclusion of the coronavirus-related emergency or the conclusion of the 12-weeks of
leave taken by the employee, whichever is earlier.
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14. FFCRA – Public Health Emergency Leave –
Pay and Tax Credits
• During first 10 days of leave, employers need not pay employees, although employees
may opt to use accrued PTO.
• After first 10 days of leave, employers must pay employees on leave 2/3 their “regular rate
of pay” and for the hours they would normally be scheduled to work.
• The law caps paid leave at $200 per day and $10,000.00 in the aggregate.
• Employers may be able to retain some payroll taxes equal to the amount of qualifying leave
that they paid, including withheld federal income taxes, employee share of Social Security
and Medicare taxes, and the employer share of Social Security and Medicare taxes
concerning all employees.
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15. FFCRA - Public Health Emergency Leave - Qualifications
• To qualify for leave, an employee must be unable to work (or telework) due to one or more
of the following reasons:
 The employee is subject to a Federal, State, or local quarantine or isolation order
related to COVID-19.
 The employee has been advised by a health care provider to self-quarantine due to
concerns related to COVID-19.
 The employee is experiencing symptoms of COVID-19 and seeking a medical
diagnosis.
 The employee is caring for an individual subject to a Federal, State, or local quarantine
or isolation order related to COVID-19.
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16. FFCRA - Public Health Emergency Leave - Qualifications
 The employee is caring for an individual who has been advised by a health care
provider to self-quarantine due to concerns related to COVID-19.
 The employee is caring for his or her child for one of the following reasons: the child’s
school or place of care has been closed, or the child’s care provider is unavailable, due
to COVID-19 precautions.
 The employee is experiencing any other substantially similar condition specified by the
Secretary of Health and Human Services in consultation with the Secretary of Treasury
and the Secretary of Labor.
• Employers should monitor the symptoms page of the CDC for updates as more information
is learned about the virus. https://www.cdc.gov/coronavirus/2019-ncov/symptoms-testing/symptoms.html
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17. FFCRA – Public Health Emergency Leave –
Pay and Tax Credits
• Full time employees are entitled to 80 hours of paid sick leave
• Part time employees are entitled to sick leave equivalent to those hours the employee
works on average, over a two-week period.
• If an employee takes leave for his or her own self-isolation, medical diagnosis or treatment,
the employee receives 100% his or her regular pay, up to a $511 daily/$5,110 aggregate cap
over the 2-week period.
• If an employee takes leave to care for someone else or his or her child, the employee
receives 2/3 his or her regular pay or 2/3 the applicable minimum wage, whichever is higher,
up to a $200 daily/$2,000 aggregate cap over the 2-week period.
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18. FFCRA – Public Health Emergency Leave –
Pay and Tax Credits
• These benefits must be provided in addition to any PTO benefits the employee is entitled to
by policy, contract or law.
• Employers may be able to retain some payroll taxes equal to the amount of qualifying leave
that they paid, including withheld federal income taxes, employee share of Social Security
and Medicare taxes, and the employer share of Social Security and Medicare taxes
concerning all employees.
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19. FFCRA – Hardship Waiver for Small Businesses
• Businesses with fewer than 50 employees are exempt from providing Public Health
Emergency Leave and Emergency Paid Sick Leave to an employee requesting leave if an
“authorized officer” determines:
 Leave would result in the business’s expenses and financial obligations exceeding
available business revenue and cause the business to cease operations at a minimal
capacity; OR
 The absence of the employee(s) would pose a substantial risk to the financial health or
operational capabilities of the small business because of their specialized skills,
knowledge or responsibilities; OR
 There aren’t sufficient qualified workers available at the time and place needed to
perform the work performed by those requesting leave, and the work is needed for the
business to operate at a minimal capacity.
• This hardship exemption must be assessed on an employee-by-employee basis
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21. EEOC Issues Guidelines
• PANDEMIC PREPAREDNESS IN THE WORKPLACE AND THE AMERICANS WITH
DISABILITIES ACT: If an individual poses a “direct threat” in the workplace, certain
prohibitions under the ADA do not apply, such as the prohibition against medical inquiries and
requiring medical examinations like taking an employee’s body temperature.
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22. Who Determines What is a Direct Threat?
• A “direct threat” depends on the severity of the illness. The CDC or local public health
authorities can be relied upon to determine that an illness poses a direct threat to the
workplace. COVID-19 has been determined by the CDC to be a severe illness rising to the
level of a pandemic.
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23. Objective Evidence Required
• An employer must reasonably believe based on objective evidence that an employee has
COVID-19 in order to disregard the ADA’s general prohibition on disability-related
inquiries. Objective evidence would include that an employee has a cough, chills, runny
nose, or shortness of breath.
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24. Medical Documentation
• Like any other medical documentation an employer receives, such as records from a
doctor obtained during the interactive process, an employee’s medical condition and any test
results or medical records received, is confidential. It should be kept in a confidential file and
the contents should not be shared with other employees. Likewise, the identity of an
employee who may have COVID-19 or symptoms of COVID-19 cannot be disclosed in the
workplace.
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25. HIPAA
What is HIPAA? Summary of the HIPAA Privacy Rule
What is HIPAA? In 1996, the Health Insurance Portability and Accountability Act or HIPAA
was passed by the U.S. Congress. The HIPAA Privacy Rule, also called the Standards for
Privacy of Individually Identifiable Health Information, provided the first nationally-
recognizable regulations for the use/disclosure of an individual's health information.
Essentially, the Privacy Rule defines how covered entities use individually-identifiable health
information or the PHI (Personal Health Information). 'Covered entities' is a term often used in
HIPAA-compliant guidelines.
This definition of a covered entity is specified by [45 CFR § 160.102] of the Privacy Rule. A
covered entity can be a:
• Health plan;
• Healthcare clearing house; or a
• Healthcare provider.
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26. If I Run a HIPAA-Covered Business, Does the
COVID-19 Coronavirus Emergency Supersede
HIPAA Privacy Rules?
• No, the government recently sent a stern reminder to all employers, especially those
involved in providing healthcare, that they must still comply with the protections contained in
the HIPAA Privacy Rule during the COVID-19 coronavirus outbreak.
• The Office for Civil Rights of the U.S. Department of Health and Human Services (HHS)
issued a reminder.
• In fact, the Rule includes provisions that are directly applicable to the current
circumstances.
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27. What are Employers’ Obligations Under the HIPAA
Privacy Rules if they are Contacted by Officials
Asking for Emergency Personal Health Information
about One of Our Employees?
• The privacy restrictions mandated by HIPAA only apply to “covered entities” such as medical
providers or employer-sponsored group health plans, and then only in connection with
individually identifiable health information.
• Employers are typically not covered entities, so if you have medical information in your
employment records, it is not subject to HIPAA restrictions.
• Nevertheless, disclosures should be made only to authorized personnel, and care should be
taken even in disclosures to government personnel or other groups such as the Red Cross.
• Further, you should be careful not to release information to someone until you have properly
identified them.
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28. About the Faculty
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29. About The Faculty
Charles Krugel - cak1@charlesakrugel.com
As a management side labor & employment attorney & human resources (HR) counselor,
Charles Krugel, www.charlesakrugel.com, has 24 years of experience in the field & has been
running his own practice for 18 years. His clients are small to medium sized companies in a
variety of industries. Charles has been lead negotiator for hundreds of labor & employment
agreements & contracts. Additionally, he’s litigated dozens of court cases, administrative
proceedings & arbitrations. In addition to providing traditional labor & employment law
services, he represents companies desiring to institute preventive & proactive HR functions.
These functions include policies & procedures, which help to efficiently & discreetly resolve
issues in-house & prevent lawsuits & complaints; they also help to reduce costs & act as
catalysts for increasing productivity & profits. Moreover, he’s frequently the subject labor &
employment law related TV, radio & print interviews.
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30. About The Faculty
Gary Savine - gnoah@savinelaw.com
Gary Noah Savine is an employment lawyer and the founder of Chicago-based law firm
Savine Employment Law, Ltd. Gary brings to the table over twenty years of legal expertise
and hands-on experience, working around the globe, shoulder-to-shoulder with senior
executives and human resource professionals solving the thorniest of workplace disputes.
Before starting his firm, Gary practiced employment law exclusively at two of Chicago’s
largest law firms and served as chief employment counsel at Navistar (NYSE: NAV) and Hill-
Rom Holdings (NYSE: HRC). Gary frequently speaks and writes about employment law
issues. He has written and presented before the American Bar Association, the National
Employment Lawyers Association, the Northern Illinois Society for Human Resources
Management, the Northern Illinois Franchise Association and the American Conference
Institute. Gary received his law degree cum laude from the University of Michigan Law School
in 1996. More information about Gary’s firm can be found at www.savinelaw.com.
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31. About The Faculty
Helen Bloch - hbloch@blochpc.com
In 2007, Helen Bloch founded the Law Offices of Helen Bloch, P.C., a general practice firm that is a
Certified Female Business Enterprise. In the employment & business context, Helen represents clients on
all sides of the employment relationship- individual employees, managers, or employers. Routinely Helen
negotiates & counsels clients on employment agreements, including non-competition, confidentiality, &
severance agreements. Also, she drafts employment handbooks & various policies & procedures. Helen
will advise businesses on best practices, including providing sexual harassment training. Helen has
lectured on topics such as gender role in the law, legal issues affecting small businesses, & legal rights &
obligations from multiple sides of the employer-employee relationship. For the past two years she has
been selected for inclusion in Super Lawyers in the area of employment law. Helen is President of the
Decalogue Society of Lawyers & serves on the Alliance of Bar Associations, where she assists in
screening judicial candidates. Her other bar association memberships include the Illinois chapter of the
National Employment Lawyers Association, Women’s Bar Association of Illinois, & the Illinois State Bar
Association. An active National Association of Women Business Owner’s (NAWBO) member, Helen
leads NAWBO’s Lincoln Park Business Exchange Group.
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32. About The Faculty
Max Barack - maxbarack@gmail.com
Max leads the Garfinkel Group, LLC's employment law practices groups and is a plaintiff-side
employment law attorney. He has been practicing law since 2013 and has spent the majority of that time
handling plaintiff-side employment matters. He concentrates his practice primarily on representing
plaintiffs in their claims of discrimination, as well as wage & hour violations, whistleblower actions, &
severance negotiations. He has extensive litigation experience, with a focus on electronic discovery
(ESI). He has represented & assisted employers in defending discrimination & wage & hour disputes,
including in department of labor investigations. He is a member of the Board of Directors of the National
Employment Lawyers Association of Illinois & co-chair of its Legislative Committee. He is a regular
contributor to the Chicago Bar Association's @theBar blog, & is fluent in Spanish.
Max Barack
Attorney at Law
J.D., Chicago-Kent College of Law
B.A., University of Michigan
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33. Questions or Comments?
If you have any questions about this webinar that you did not get to ask during the live
premiere, or if you are watching this webinar On Demand, please do not hesitate to email us
at info@financialpoise.com with any questions or comments you may have. Please include
the name of the webinar in your email and we will do our best to provide a timely response.
IMPORTANT NOTE: The material in this presentation is for general educational purposes
only. It has been prepared primarily for attorneys and accountants for use in the pursuit of
their continuing legal education and continuing professional education.
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34. About Financial Poise
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