Employees say ‘feeling stressed’ is top reason for lying about sick days
Many employees use their sick days for their physical and mental health when they feel as if they won't be at their peak to perform their job. With that being said, employees may also use sick days when they feel stressed. Read this blog post to learn more.
A third of employees have lied to their employer about their reasons for taking a sick day, with the most common reason being stress, according to a new report by international health benefits provider Aetna International.
As the world’s attention turns to the mental health impact of COVID-19, these confessions suggest that the stigma remains in workplaces.
“If employees have physical or mental health problems, then they're not going to be at their peak to be able to do their job,” says Dr. Hemal Desai, global medical director at Aetna International. “When people lie to take a day off, it really hides the problem, and when they are at work, presenteeism is a really big issue.”
The Employee Perceptions of Mental and Physical Health in the Workplace report explores the views of employees in regards to taking sick days, discussing health issues at work and the impact a mental health diagnosis can play in reducing their experiences of stigma.
Out of the employees surveyed in the U.K., the U.S., Singapore and the United Arab Emirates, those in the U.S. are the most likely to lie to their employer about their reason for taking a sick day. While “wanting a day off” was the second most frequently cited reason for lying, the most common reasons overall related to mental and emotional health, ranging from feeling stressed or down to not thinking their boss would understand.
In the U.S., about 40% of people reported a mental health diagnosis, but less than half of adults receive treatment, according to the National Alliance on Mental Illness. The fear of stigma around these mental health challenges is an issue employees must address, Dr. Desai says.
“Employees don't feel that taking sick leave for mental health problems is something that will either be accepted or considered as good practice by their employers,” Dr. Desai says. “It’s important employers address this hidden problem, because it will ultimately drive better productivity and wellbeing of their workforce.”
Creating a culture of acceptance, especially from a company’s leadership team, is a first step employers can take to easing the stigma of speaking up.
“Employers can do a lot to try and foster more transparency and reduce stigma. Making that parity between mental and physical health will create much more transparency and build trust within an organization, especially if there’s an open culture, particularly by senior leaders, where you can talk about mental health issues,” he says.
Employers also need to ensure employees are aware of and are using mental health resources and benefits, Dr. Desai says. A large majority of companies offer mental health benefits through an EAP, but utilization rates for these services are typically below 10%, according to SHRM. Boosting usage is key to supporting employee wellbeing.
“Employers need to be working with health and benefits providers, because the providers will have a lot of support tools that can help employees,” he says. “Making sure that that support is there from the employers is really key, so that you can drive a really happy and healthy workforce that can be productive, which is particularly important during this COVID-19 situation.”
SOURCE: Nedlund, E. (11 June 2020) "Employees say ‘feeling stressed’ is top reason for lying about sick days" (Web Blog Post). Retrieved from https://www.benefitnews.com/news/employees-say-feeling-stressed-is-top-reason-for-lying-about-sick-days
Supplemental Benefits With Russ Goldner
August 3, 2020
Dear Valued Client,
I hope this letter finds you well. It has been a very interesting year to say the least. Times are ever evolving, but our goal at Saxon remains unchanged to ensure you have the best benefit experience possible. In working with over 600 groups, we find this comes in many forms and fashions.
The one aspect of benefits that Saxon has provided through direct to carrier relationships is the supplemental benefit arena. Supplemental benefits are plans many folks use to help offset the cost of a major medical procedure or the recent rise of deductibles. In response to the more frequent request for these plans, I am excited to announce Saxon has decided to step into this arena to assist our clients directly.
Russ Goldner has joined Saxon as our Director of Supplemental Benefits. With 15 years of experience in this discipline, Russ can assist in developing a supplemental benefits program that fits the needs of your company and, most importantly, the needs of your employees.
Supplemental benefits are an excellent means of complimenting your major benefit lines because they further enhance a benefit lineup assisting in both recruiting and retention. These lines are voluntary, allowing your employees to opt for coverage that is best for them and their families, especially in filling potential gaps in their deductible funding or costs of living while recovering from a medical malady.
Russ will be following up with you to further discuss the advantages of providing supplemental benefits to your employees. If you want to reach out to Russ prior to, he can be reached via email at rgoldner@gosaxon.com or via phone at (513) 317-8412.
Respectfully,
Jamie Charlton
Spotlight Value of Benefits Package During Open Enrollment
The COVID-19 pandemic has highlighted the importance of helping employees maintain physical, mental and financial health, making this year's open enrollment period a critical time for employers to think about the benefits they're providing and to communicate the value of these offerings to employees.
"This is not a typical year," said Hope Manion, senior vice president for Fidelity Investments' workplace consulting division. "We cannot simply default our benefits like we may have done in previous years."
She advises employers to encourage employees to spend more time during this year's enrollment period reviewing their benefits, learning about all of their offerings and asking questions. "Given that so many have experienced financial and health crises this year, now is the time to ensure they don't overlook benefits that could impact their future health and financial well-being," she noted.
Employees Rush Through Enrollment
Nearly three-quarters of employees—73 percent—spend less than an hour, and 41 percent invest less than 30 minutes, reviewing their benefits at enrollment time, according to a March study of 1,200 U.S. consumers on behalf of life and accident insurer Colonial Life. Because the pandemic has changed the way millions of workers live and work, simply rushing through their annual benefits enrollment won't do this year.
"If this year has taught us anything, it's the importance of our health and the value in taking every opportunity to protect it," said Richard Shaffer, senior vice president of field and market development at Colonial Life. "As we head into enrollment season this fall, workers across the country need to take time to ensure they're protecting their families, finances and futures against unexpected events."
Surprisingly, those who are the least confident in their knowledge of the benefits available to them are most likely to rush through the enrollment process. Nearly 90 percent of employees who reported not understanding their benefits "at all" said they plan to spend less than an hour on enrollment this year.
"Especially in today's environment, offering benefits isn't enough," Shaffer said. "To make the investment pay off, employers must ensure employees take the time to understand, value and participate in the benefits enrollment process."
Showcasing How Benefits Are Vital
A new Fidelity report, Uncovering the Real Value of the Benefits You Offer, shows that employees are often unaware of their benefits options and frequently don't take advantage of them. The findings are from a survey of nearly 9,500 participants in Fidelity-administered benefit plans.
For instance, only 61 percent of employees could report whether telemedicine was offered to them. "In this case, if you are offering a benefit low in awareness, you may need to go back to basics and increase promotional efforts that emphasize availability, what it is, and how to use it," the report points out.
Health saving accounts (HSAs) are a different story. While 92 percent of employees surveyed knew whether an HSA was available, many chose not to opt for a high-deductible health plan (HDHP), which is a requirement to contribute to an HSA. However, 89 percent of account-holders who used an HSA reported that it had a positive effect on their lives. "In this case, awareness about availability isn't the issue, but employees may not understand the value a benefit brings," the report stated.
Approaching Open Enrollment
Fidelity's Manion suggested that open enrollment communications encourage employees to consider the following when selecting benefits for the year ahead:
- Health insurance. Consider your finances, family health status, and preferred health care providers and hospitals when choosing health care coverage. Review deductibles and out-of-pocket maximums. To take advantage of an HSA, enroll in an HDHP.
- HSAs and flexible spending accounts (FSAs). Take the time to learn how each of these accounts can be used, reviewing eligibility guidelines and updates to coverage, including services like telemedicine and over-the-counter medications.
- Retirement savings. Consider increasing your 401(k) retirement savings plan contribution if the company reduced or suspended its match as a result of the COVID-19 pandemic.
Other benefits may not require an employee to enroll and so are often overlooked despite their value, Manion noted. Be sure to highlight information regarding:
- Telemedicine. Among Fidelity clients, 76 percent saw an increase in telemedicine use since the COVID-19 pandemic began. This benefit will continue to be important, and employees should understand how it works.
- Employee assistance programs (EAPs). As the pandemic caused many people to experience anxiety, mental health and counseling services, such as those offered through an EAP, saw a 39 percent increase in use. This is a benefit that is impactful to employees' overall well-being when offered.
- Wellness programs. Wellness programs are much appreciated when used, but 30 percent of employees surveyed did not know whether their employer offered them.
With millions of employees still working at home, effective benefits communication is more challenging than ever, Colonial Life's Schaffer said. He advised business and HR leaders to "ensure they're providing opportunities for employees to learn basic information and ask questions, even in a virtual environment."
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5 Questions to Kick-Start Open Enrollment Planning For employees dealing with physical, emotional and economic setbacks due to the pandemic, "this will be the year to reevaluate insurance and financial safety nets, so keep this in mind as you communicate about medical plans, disability insurance, flexible spending accounts and other financial wellness benefits," blogged Megan Yost, vice president and engagement strategist at communications consultancy Segal Benz in San Francisco. She advised open enrollment managers to ask themselves five questions:
"Even if you don't have all your plan design changes finalized just yet, planning ahead can help make everything go more smoothly and minimize unnecessary stress," Yost observed. "Lay your foundation now—and fill in the details when you have them." SOURCE: Miller, S. (10 August 2020) "Spotlight Value of Benefits Package During Open Enrollment" (Web Blog Post). Retrieved from https://www.shrm.org/resourcesandtools/hr-topics/benefits/pages/spotlight-benefits-value-during-open-enrollment.aspx |
Strategies for making mental healthcare core to your organization
Mental health in the workplace has been a topic of discussion for a continuous-time, but due to the coronavirus and many rules and regulations beginning to rise, there has been a rise in mental health numbers these past few months. Read this blog post to learn more.
American workers’ mental health improved last month after hitting a three-year low, but overall remains poor, as people struggle with the physical, psychological and financial stressors of the pandemic.
According to HR technology company Morneau Shepell’s May Mental Health Index, which surveyed 5,000 U.S. employees, the overall mental health score for May was -6, up slightly from April’s score of -8, the lowest in the last three years. However, with negative scores indicating worse mental health, the results show that American sentiment remains low.
The rise in May is likely due to state decisions to begin a phased reopening of non-essential retail businesses and restaurants, as well as employers allowing workers to return to the physical workplace, says Paula Allen, the senior vice president of research, analytics and innovation at Morneau Shepell.
“People are starting to see the light at the end of the tunnel,” she says. “But this is for sure not going to be linear. The possibility of a second wave of COVID is quite high.”
The coronavirus and its economic impact is not the only uncertainty that employees are facing. Protests demanding racial equality and justice for the victims of police brutality have erupted across the nation in response to the deaths of George Floyd and Breonna Taylor. Thirty-percent of Americans experienced symptoms of anxiety last week, according to data from the CDC.
“It’s kind of like having the Spanish Flu, the Great Depression, and the Civil Rights Movement all at the same time,” Allen says. “It would be unusual if that doesn’t impact people’s mental health and well-being because you really are taking away a sense of predictability, a sense of certainty, a sense of safety, with all of these things happening at the same time.”
The coronavirus crisis has brought to light the necessity of promoting better mental health in the workplace. Seventy-eight percent of companies offer an EAP with mental health resources, according to the Society for Human Resource Management. Ninety-three percent of companies have encouraged employees to take advantage of EAP resources like telehealth and virtual mental health programs in response to the pandemic, a recent Business Group on Health survey found. Morneau Shepell recommends that employers make mental health more visible in the organization and continue to provide support for employees.
“It works very well when an organization doesn’t look at mental health as a separate program or a separate project that they have a coordinator working on. It’s really built into their business culture as something that they see as valuable and they look for opportunities in every single way to help their employees,” Allen says.
With organizations feeling the effects of the economic downturn, 34% of companies in North America are considering or have implemented pay cuts, according to research from Korn Ferry.
The Morneau Shepell research shows, however, that this can actually be more detrimental to morale: Employees whose salaries were cut had lower mental health scores on the Mental Health Index than those who lost their jobs.
Those who experience a salary cut are put in “a position of limbo” as opposed to having “a clean break” from an employer, Allen says. While an organization may look at reducing an employee’s salary as a lesser evil when compared to terminating them outright, this can cause more anxiety than actually letting the employee go.
“The main thing is we’ve put people in a position of uncertainty, and that increases anxiety, ” she says. “It’s an important thing for organizations to pay attention to because often they will feel that it is a benevolent thing not to terminate someone but to keep them in a way that they can afford, which is to reduce salary. But the other side of the coin is recognizing that this does have a very real impact on people, and anything that those organizations can do to continue to make those people feel connected, to continue to make them feel valued and recognized, make sure that there’s outreach to them by managers, anything to balance the situation is what we would recommend.”
To improve mental health in the workplace, leaders should talk about the importance of good mental health and make employees aware of support services offered, such as an employee assistance program, Allen says.
“Make mental health a very visible thing in the organization. Communication from senior leadership that speaks about the importance of mental health, that the organization cares about the employees’ mental health, and makes sure that people are aware of services that the organization might sponsor,” she says. “That strong voice is important to build awareness and to reduce stigma.”
Organizations must also train their managers on how to handle mental health issues in the workplace. Sometimes managers will notice a change in an employee’s behavior and be at a loss as to how to deal with it, Allen says.
“They might ignore it, they might let it get worse, they might try to step in and become a counselor when they’re not a counselor,” she says. “But if a manager handles that situation well, often it’s a good trigger point for the employee to get the kind of help that they need.”
SOURCE: Del Rowe, S. (12 June 2020) "Strategies for making mental healthcare core to your organization" (Web Blog Post). Retrieved from https://www.employeebenefitadviser.com/news/strategies-for-making-mental-healthcare-core-to-your-organization
How to Maintain a Professional Presence on the Phone
If you are job hunting, start thinking about how you will handle employers' responses to your resume. While some recruiters will e-mail you, others may call. All too often, this happens when you're sitting down to dinner, the dogs are yapping, the kids are yelling or you're settling into a favorite Netflix binge. Don't get caught off guard. There's an easy way to know that a call is of a professional nature before you pick up the phone.
Protect Your Image
You can manage calls that come at awkward times by adding a phone number to your smartphone or landline. Many cell and landline companies offer multiple lines on a phone, each with a distinctive ringtone. With a second line, you can have a dedicated and confidential number with a voice mail message tailored to the professional image you wish to present to the world, and you can use this number exclusively for your job search and career management activities. If this line rings at an inconvenient time, you'll know to get yourself into a space where you can switch to your "professional voice" and talk without distraction, or to return the call in a few minutes when the mayhem at home is under control. Use this number on your resume, in your LinkedIn profile and for all other business communications: This can enhance your professional image, and it also acts as a buffer between your professional and personal life.
Put Your Extra Line to Work
Unemployment due to the pandemic has hit 30 million workers, or about one-quarter of the U.S. labor force. Record unemployment means that getting back into the workforce will require upgrading your job search and sharpening your interview skills.
In such a disrupted world, it would also be a good idea to think about a side gig that might leverage some of your professional skills. An additional revenue stream never hurts, particularly in times like these, and a side gig could even lead to full-time employment. Plus, every nickel you bring in can help ease the financial strain.
Just as it can help with your job search, your extra phone line can help you field and make calls related to your side gig. When that distinctive ringtone sounds, you'll know the call is about money, whether it's for a new job or a potential customer. Either way, you're alerted that the call requires you to answer in your professional voice.
It can take time for that side gig to start making you real money. Not all ideas take off like a rocket, but you'll learn more from your mistakes than your successes. Meanwhile, your efforts may bring in a little extra cash and keep your spirirts up.
If you've always had a dream for a side gig and you've been laid off, now is a great time to put your dream into action. If you need some inspiration, check out these ideas:
- 9 Jobs You Can Do Entirely on Your Phone
- How to Make Money with Your Smartphone
- The 9 Best Money-Making Apps of 2020
Make sure to set up a differentiated LinkedIn profile for your new business to act as a website for your side gig. Think of it as a resume written around your business's goals. With a phone number and a starter website, you have the two foundational basics for a 21st century global business.
SOURCE: Yate, M. (10 August 2020) "How to Maintain a Professional Presence on the Phone" (Web Blog Post). Retrieved from https://www.shrm.org/resourcesandtools/hr-topics/organizational-and-employee-development/career-advice/pages/how-to-maintain-a-professional-presence-on-the-phone.aspx
Working from home has improved employees’ connections to their pets
The coronavirus pandemic has caused many employees to work from home for months. Many of those employees have found that working from home has improved their connection with their furry friends. Read this blog post to learn more.
Richa Namballa, a data scientist and project manager with software company SAP, has been working from home since mid-March due to the coronavirus. She and her 14-year-old dachshund-mix Miles, are living with her parents as they wait out the pandemic. Miles has an enlarged heart and congestive heart failure, so he requires a lot of attention, but working from home allows Namballa to provide him with the care he needs. But Miles isn’t the only one who is benefiting from this arrangement. Having her beloved dog at her side while she works has been a boon to her productivity and mental health.
“Miles has definitely made working from home a lot more enjoyable,” Namballa says. “He's a good distraction once in a while, when you're kind of starting to burn out a little bit. It's definitely nice to be able to talk to him, pet him and take care of him.”
Being at home with Miles also helps to alleviate the worrying she typically does while at the office, as Miles’ vast healthcare needs can be distracting.
“I've had him since he was eight weeks old, so he's been here for a really long time,” Namballa says. “Being at home has also been good because I'm not as worried about him as I was when I was at work.”
Pets have played a huge role in improving a person’s physical and mental health, both pre-pandemic and throughout the coronavirus crisis. Owning a pet can reduce depression and improve a person’s mood, as well as lower cortisol, heart rate and blood pressure, according to the Human Animal Bond Research Institute.
For employees now working from home, those who are doing so with a pet have said they feel a greater bond with their pet and have felt more positive since the start of the pandemic, according to a survey by Banfield Pet Hospital.
Being able to work alongside a pet has “really helped create a sense of well being [during] this pandemic,” says Melissa Marshall, vice president of people and organization at Banfield Pet Hospital. “Pets actually being by our side creates a decompressive environment and it's been very positive.”
That bond has grown as employees spend more time at home. Twenty percent of the surveyed employees say they prefer working alongside their pets over their human co-workers.
And the pets are benefiting too: One-third of owners believe their pets appear to be happier (38%) and more playful (35%) during this time. Pets are also receiving extra love, with 65% percent of owners saying they are showing them increased affection.
However, employees are already preparing to transition back to the office as coronavirus restrictions lift, and are grappling with increased anxiety over how to manage without their pets at their side. Seventy three percent of people are concerned about going back to the office and spending time away from their pets, with 59% worried their dog or cat may suffer from separation anxiety once their new work schedule begins, according to the Banfield study.
For pet-owners anxious about what the future has in store, Marshall has several strategies employees can utilize to make the return to work as easy on their pets as possible.
For instance, employees should ease their pets into a new routine, so there isn’t such a shock for the animal when the owner isn’t there on a 24-hour basis anymore. Another tactic would be to give the pet their favorite distraction leading up to the moment of departure to pivot their attention on to something else.
“There's an element of fear. You've been spending all this time with your pet, and you have to go back to your [pre-pandemic] normal, so it shifts that human-pet bond that's been created,” Marshall says.
Employers are now tasked with figuring out how to incorporate the needs of their pet-owning employees into their return-to-work plans. Pet benefits are currently offered by 15% of organizations, and employers like SAP, Wolverine Worldwide, and Microsoft all offer employees a pet benefit such as dog friendly work environments, dog daycare or pet insurance.
Employers like SAP have recognized the role pets play in employees’ lives during COVID and beyond, and as such have enhanced their pet benefits. Recently, SAP teamed up with retailer Petco to offer a discounted wellness benefit and additional pet insurance coverage for accidents and illnesses, preventive care, and discounts on supplies and services at Petco.
“We recognize that pets are often important members of the family and can help our employees feel safe and secure — especially during times of stress,” Jason Russell, head of North America total rewards for SAP, says. “Offering pet insurance and pet bereavement leave aligns with our overall goal of supporting SAP employees and their families at work and in their everyday lives.”
Pet-friendly benefits like SAP’s pet insurance have helped Namballa afford the extensive medical bills for her dog Miles.
“I don't have to worry about if there's a huge medical expense, like an emergency room visit, because that's going to be covered. It also covers some preventive care,” she says. “I would have never thought about signing up for pet insurance before it was offered as an employee benefit.”
The benefits have also helped Namballa feel appreciated and seen by her employer, especially during times of high stress and anxiety.
“I struggled with mental health problems pretty much my whole life, and having a pet is one of the best therapies that I can think of. Pets are members of your family and they do give you unconditional love,” Namballa says. “I really appreciate it when employers acknowledge how important pets are to their employees. Pet insurance and pet bereavement leave are some of the most important benefits to people like me, and it's just it feels really reassuring when your employer recognizes that.”
SOURCE: Schiavo, A. (23 June 2020) "Working from home has improved employees’ connections to their pets" (Web Blog Post). Retrieved from https://www.employeebenefitadviser.com/news/working-from-home-has-improved-employees-connections-to-their-pets
Actions on Payroll Taxes and Unemployment Benefits Promise Relief, Raise Questions
Due to the amount of job losses caused by the coronavirus, President Trump has signed a series of executive orders to provide financial relief. Read this blog post to learn more.
On Aug. 8, President Donald Trump signed a series of executive orders and memorandums intended to provide financial relief to employees and those who have lost their jobs due to the COVID-19 pandemic.
These declarations included a Memorandum on Deferring Payroll Tax Obligations in Light of the Ongoing COVID-19 Disaster, which directed the Treasury Department to defer collection of the employee portion of Social Security FICA taxes—part of required payroll tax withholding—from Sept. 1 through the end of 2020. The deferred taxes may have to be subsequently repaid unless Congress enacts legislation stating otherwise.
Trump cited his authority to postpone certain tax deadlines by reason of a presidentially declared disaster. Democrats, however, are expected to challenge that claim in court. Nevertheless, it is prudent for employers and payroll managers to stay aware of developments and prepare to move quickly if the directive and upcoming guidance are not blocked or superseded by enactment of a comprehensive relief bill.
Payroll tax relief, as outlined in the president's directive, would require employers to take steps to ensure compliance, including working with their payroll administrators to adjust their systems by Sept. 1. Employers would also need to explain to employees that while their take-home pay may go up in the short term, they may be required to repay these deferred taxes at a future date.
Details on employer requirements, however, would depend on Treasury Department guidance, expected to be issued shortly.
The other presidential actions authorized a weekly supplemental federal unemployment benefit of up to $400, reduced from the $600 weekly supplement that expired July 31; continued student loan payment relief; and called for measures to prevent residential evictions and foreclosures resulting from financial hardships due to COVID-19.
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Reduced Unemployment Insurance Supplement Republicans in Congress argued that the initial $600 federal supplemental payment disincentivized recipients from seeking jobs, since many were collecting more money unemployed than employed. Some wanted the program reduced to $200 per week, while Democrats argued the program should be renewed at the original $600 per week. Questions were raised about funding for the $400 unemployment insurance boost, which would pull from FEMA's Disaster Relief Fund to pay for a portion of the supplemental benefits while asking states to fund the remainder. Because states may not use the unemployment program to pay benefits unless they are authorized by Congress, they may have to set up a new system to pay their portion of the supplement. Unemployment experts were also unsure about how funds will be distributed, who will qualify for benefits and how long the benefits will last, pending regulatory guidance. |
FICA Taxes
Social Security and Medicare payroll taxes are collected together as the Federal Insurance Contributions Act (FICA) tax. FICA tax rates are statutorily set and are not adjusted for inflation.
Social Security is financed by a 12.4 percent payroll tax on wages up to employees' taxable earnings cap—$137,700 for 2020—with half (6.2 percent) paid by workers and the other half paid by employers. There is no earnings cap on the Medicare portion of FICA, for which employers and employees separately pay a 1.45 percent wage tax.
The COVID-19-related payroll tax relief only applies to the Social Security portion of FICA.
The Payroll Tax Directive
Section 2302 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, enacted in March and implemented through IRS Notice 2020-22 and a series of IRS FAQs, allows eligible employers to defer the deposit and payment of the employer's share of Social Security FICA taxes for the period beginning March 27, 2020, through Dec. 31, 2020. The deferral also applies to 50 percent of the equivalent taxes incurred by self-employed persons. The deferred payments must subsequently be paid to the Treasury Department, with half due by Dec. 31, 2021, and the other half by Dec. 31, 2022.
The CARES Act provision and related guidance did not apply to employees' share of the Social Security tax.
Under the new presidential directive:
- The secretary of the treasury is authorized to defer the withholding, deposit and payment to the Treasury of employees' portion of Social Security payroll taxes on applicable wages or compensation paid from Sept. 1, 2020, through Dec. 31, 2020. This provision does not apply to the Medicare portion of FICA taxes.
- The deferral is to be made available to employees whose earnings during any biweekly pay period is generally less than $4,000, calculated on a pretax basis, which would cover salaried employees earning $104,000 or less per year.
- Social Security taxes for these employees will be deferred without any penalties, interest, additional amount or addition to the tax.
- The secretary of the treasury is directed to issue guidance to implement the president's memorandum and to explore avenues, including legislation, to eliminate the obligation to pay the taxes deferred under the implementation of the memorandum.
Josh Blackman, a constitutional law professor at the South Texas College of Law Houston, blogged that HR lawyers will have until Sept. 1 "to figure out the details." Because the policy terminates on Dec. 31, 2020, "President Trump, or President Biden, will be forced to decide whether to continue this program," he wrote.
A Controversial Move
"By providing this tax relief, American families will have more cash on hand during these critical next few months," according to a White House statement.
White House economic advisor Larry Kudlow said that "we will take any steps possible to forgive this deferral," so employees will not be required to pay back the amounts deferred through Dec. 31, The Hill reported. However, doing so would require new legislation by Congress.
Presumptive Democratic presidential nominee Joe Biden charged that Trump would try to make the cuts permanent if re-elected and said doing so would "undermine the entire financial footing of Social Security."
Prepare to Adjust Systems and Notify Employees
For now, HR payroll managers should:
- Discuss with their payroll administrators steps to adjust their payroll systems to exclude employees' share of FICA Social Security taxes beginning Sept. 1, pending the issuance of Treasury guidance.
- Prepare to notify employees that possibly less of their pay will be subject to payroll withholding, although the reduction in payroll taxes may have to be paid back in the future.
- Expect questions from employees who may be confused about current and future paycheck adjustments.
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Employers' Questions Await Guidance The president's executive memorandum "leaves open a number of questions and issues, some of which will likely be addressed by guidance from Treasury," according to a legal alert by Adam Cohen, Mary Monahan and Robert Neis, partners at law firm Eversheds Sutherland in Washington, D.C. Issues to be addressed, they said, include:
A Wait and See Approach Melissa Ostrower and Robert Perry, principals in the New York City office of law firm Jackson Lewis, "recommend that employers continue to monitor applicable guidance, but not make any changes to their payroll withholding processes at this time." They added, "We realize that changes to payroll systems require lead time, but given the uncertainty surrounding how the deferral will be implemented and whether it actually will become effective, we think this is the most prudent course at this time." SOURCE: Miller, S. (10 August 2020) "Actions on Payroll Taxes and Unemployment Benefits Promise Relief, Raise Questions" (Web Blog Post). Retrieved from https://www.shrm.org/resourcesandtools/hr-topics/compensation/pages/actions-on-payroll-taxes-and-unemployment-benefits-promise-relief-raise-questions.aspx |
Keeping Up with Professional Development During the Pandemic
As many state and local governments recommend and require social distancing, many professionals are looking at other ways to continue growing and developing. Read this blog post to learn more.
Many employees need to accumulate credits to keep their professional credentials, and they may look forward to large gatherings with their peers each year where they can learn about the latest developments in their industry. But the coronavirus pandemic is changing the way employees and businesses are approaching professional development, with many opting—at least for now—for online learning.
"We've seen a large shift in the manner in which these things are being done," said Melissa Peters, an attorney with Littler in Walnut Creek, Calif.
Since March 31, the U.S. State Department has advised U.S. citizens to avoid all international travel due to COVID-19. Within the U.S., the Centers for Disease Control and Prevention (CDC) had urged residents of New York, New Jersey and Connecticut to temporarily halt nonessential domestic travel and asked people everywhere in the country to carefully consider the risks before traveling.
"Some employers are going further and recommending that employees cancel or postpone all nonessential travel," observed Douglas Brayley, an attorney with Ropes & Gray in Boston.
The White House and many state and local governments have either recommended or required people to practice social distancing through April and even beyond—which is causing some business and professional associations to find creative alternatives to their in-person meetings.
Going Virtual
A webinar or videoconference may be a good alternative to an in-person meeting, Brayley said.
Elizabeth Wylie, an attorney with Snell & Wilmer in Denver, noted, "Many companies are bolstering their remote conferencing access to ensure it is adequate to meet the anticipated increase in needs in the coming weeks."
Kathleen Sullivan, chief human resources officer at law firm Clark Hill in Pittsburgh, said her firm is using webinars, videoconferencing and phone conferencing technologies. "Our goal is to continue to provide excellent client service while we ensure we are taking care of our employees," she said.
In response to limits on travel and social gatherings, some licensing bodies have eased up on their e-learning limits. For instance, the Indiana Supreme Court and other state high courts have temporarily waived distance-learning limitations for attorneys seeking continuing education credits.
The Society for Human Resource Management (SHRM) has transformed its 2020 Talent Conference & Exposition to a virtual experience so attendees can stay current and earn professional development credits without leaving their homes.
"We've been working with public health officials and collaborating with the conference venue and vendors to make an informed decision based on the latest science, local public health guidance, and our ability to provide the HR community with the best event and professional development experience you've come to expect from SHRM, in a safe environment," SHRM said on its website.
Should Employers Reimburse Nonrefundable Expenses?
"There is not a uniform practice in terms of [employers] reimbursing for canceled or postponed trips," said Mark Keenan, an attorney with Barnes & Thornburg in Atlanta. He said organizations need to make such decisions based on:
- The health and welfare of their employees.
- Whether such trips can be rescheduled or postponed with limited incidental additional expense.
"However," Keenan said, "most organizations would still reimburse such trips as an appropriate business expense, and therefore should reimburse nonrefundable costs as they would with any other itinerary change."
If the employer paid for the professional development and travel in the first place, any cancellation costs would generally be absorbed by the employer, said Susan Kline, an attorney with Faegre Drinker in Indianapolis. "If it's something the employee signed up for as a personal matter for a weekend or vacation, employers might treat it like any other vacation."
She noted that some states, such as California, require employers to reimburse reasonable business expenses.
Peters said employers are making difficult business decisions as they struggle with the economic impact of COVID-19. "There are legal aspects, but whether or not you want to reimburse people for professional development should be aligned with the company's philosophy and business needs."
The best practice for each business is highly dependent upon its business needs, industry and workforce, Wylie said, and is subject to change as the recommendations of public health agencies evolve.
Stay Updated
"The employer community seems to be very proactive in communicating updates on the coronavirus and the impact on their workforces," Keenan observed. For now, he said, the best practices are to not panic and to monitor the CDC's website.
"The situation is evolving rapidly," Sullivan said. "It is important to stay up-to-date with the current information."
SOURCE: Nagele-Piazza, L. (13 April 2020) "Keeping Up with Professional Development During the Pandemic" (Web Blog Post). Retrieved from https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/keeping-up-with-professional-development-during-the-pandemic.aspx
What to Do When Scared Workers Don’t Report to Work Due to COVID-19
Throughout the globe, many are terrified of contracting the communicable disease, the coronavirus. With this being said, many essential workers are refusing to go to work with that fear in their minds. Read this blog post from SHRM to learn more.
Some essential workers are refusing to come to work out of fear of contracting the coronavirus. Their employers must weigh the employees' legal rights and understandable health concerns with the organizations' business needs. It can be a tough balancing act.
"A good first step for an employer to respond to an essential worker who's expressing fears of returning to work is to actively listen to the employee and have a conversation," said Brian McGinnis, an attorney with Fox Rothschild in Philadelphia. "What are their specific concerns? Are they reasonable?"
McGinnis said that employers should consider whether it already has addressed those concerns or if additional steps are needed. Often, having a conversation with the employee "will avoid an unneeded escalation," he said.
Employees' Legal Rights
What if that doesn't work? Tread cautiously, as employees have many legal protections.
An employer usually can discipline workers for violating its attendance policy. But there are exceptions to that rule, noted Robin Samuel, an attorney with Baker McKenzie in Los Angeles. Putting hesitant employees on leave may be a better choice than firing them.
Christine Snyder, an attorney with Tucker Ellis in Cleveland, cautioned, "If an employer permits employees to use vacation or PTO [paid time off] for leave, it may soon find itself without a workforce sufficient to maintain operations. Therefore, an employer may want to rely upon the terms of its existing time-off policy, which typically requires approval to use vacation or PTO, to require that leave for this reason be unpaid."
OSH Act
Employees can refuse to work if they reasonably believe they are in imminent danger, according to the Occupational Safety and Health (OSH) Act. They must have a reasonable belief that there is a threat of death or serious physical harm likely to occur immediately or within a short period for this protection to apply.
Samuel explained that an employee can refuse to come to work if:
- The employee has a specific fear of infection that is based on fact—not just a generalized fear of contracting COVID-19 infection in the workplace.
- The employer cannot address the employee's specific fear in a manner designed to ensure a safe working environment.
NLRA
The National Labor Relations Act (NLRA) grants employees at unionized and nonunionized employers the right to join together to engage in protected concerted activity. Employees who assert such rights, including by joining together to refuse to work in unsafe conditions, are generally protected from discipline, Samuel noted.
"That said, the refusal must be reasonable and based on a good-faith belief that working conditions are unsafe," said Bret Cohen, an attorney with Nelson Mullins in Boston.
ADA
Employers should accommodate employees who request altered worksite arrangements, remote work or time off from work due to underlying medical conditions that may put them at greater risk from COVID-19, Samuel said.
The EEOC's guidance on COVID-19 and the Americans with Disabilities Act (ADA) notes that accommodations may include changes to the work environment to reduce contact with others, such as using Plexiglas separators or other barriers between workstations.
The Age Discrimination in Employment Act, unlike the ADA, does not have a reasonable-accommodation requirement, pointed out Isaac Mamaysky, an attorney with Potomac Law Group in New York City. Nonetheless, he "would encourage employers to be flexible in response to leave requests from vulnerable employees," such as older essential workers, as the right thing to do and to bolster employee relations.
FFCRA
If a health care provider advises an employee to self-quarantine because the employee is particularly vulnerable to COVID-19, the employee may be eligible for paid sick leave under the Families First Coronavirus Response Act (FFCRA), Cohen noted. The FFCRA applies to employers with fewer than 500 employees, and the quarantine must prevent the employee from working or teleworking.
FFCRA regulations permit employers to require documentation for paid sick leave, noted John Hargrove, an attorney with Bradley in Birmingham, Ala.
Employers may relax documentation requirements due to the difficulty some employees could have obtaining access to medical providers during the pandemic and to encourage ill employees to stay away from work, said Pankit Doshi, an attorney with McDermott Will & Emery in San Francisco.
Hazard Pay
Although not currently mandated by federal law, hazard pay—extra pay for doing dangerous work—might be appropriate for an employer to offer to essential workers, McGinnis said.
If hazard pay is offered, similarly situated employees should be treated the same, he said. Otherwise, the employer risks facing a discrimination claim.
Andrew Turnbull, an attorney with Morrison & Foerster in McLean, Va., noted that companies with multistate operations may have legitimate reasons for offering hazard pay to employees working at locations with a high risk of exposure and not where the risk is minimal.
Hazard pay might be a good choice for public-facing jobs, where employees may not be able to observe social distancing, said Román Hernández, an attorney with Troutman Sanders in Portland, Ore.
Some localities require hazard pay in some circumstances, Doshi noted. These localities include Augusta, Ga., Birmingham, Ala., and Kanawha County, W.Va.
Inform and Protect Workers
Lindsay Ryan, an attorney with Polsinelli in Los Angeles, said that employers should keep employees apprised of all measures the employer is taking to maintain a safe workplace, consistent with guidance from the U.S. Centers for Disease Control and Prevention (CDC), the Occupational Safety and Health Administration, and local health authorities.
If employers have the means to do so, they should screen employees each day by taking their temperatures and send workers who have fevers home, Snyder said. Alternatively, employers can require employees to take their own temperatures before reporting to work, she added.
"Finally, in light of recent CDC guidance regarding the use of cloth masks to prevent infection, employers should allow employees to wear masks in the workplace and consider providing employees with cloth masks if they are able to acquire them," she said.
Judge strikes down parts of DOL's emergency paid leave regs
Dive Brief:
- Several features of the U.S. Department of Labor (DOL)'s regulations implementing the paid-leave provisions of the Families First Coronavirus Response Act (FFCRA) exceeded the agency's authority under federal law, a federal judge has ruled (State of New York v. U.S. Department of Labor, et al., No. 20-CV-3020 (S.D.N.Y. Aug. 3, 2020)).
- Among the struck-down DOL regulations are: the final rule's work-availability requirement; its definition of "health care provider" for the purposes of excluding certain healthcare sector employees from emergency leave benefits; its requirement that an employee secure employer consent for intermittent FFCRA leave; and its requirement that documentation be provided by an employee before taking FFCRA leave.
- The federal judge permitted the outright ban on intermittent leave for certain qualifying reasons — specifically, intermittent leave based on qualifying conditions that correspond with an increased risk of infection — as well as the substance of the final rule's documentation requirement to stand. The court, the judge said, "sees no reason that the remainder of the Rule cannot operate as promulgated in the absence of the invalid provisions."
The ruling is an important one for the nation's first-ever federal paid leave law for private-sector workers. New York originally filed the suit in April following the release of DOL's FFCRA implementation guidance earlier in the month. Shortly before the lawsuit's filing, Congressional Democrats criticized DOL's final rule in a letter to Secretary of Labor Eugene Scalia that said the agency's guidance either deviated from the FFCRA's statute or did not have a basis in it.
Asked about the letter, a DOL spokesperson told HR Dive in April that the agency took "quick action to implement paid sick leave and expanded paid family and medical leave provides necessary support for America's workforce in uncertain times."
The federal judge said in the ruling that DOL faced "considerable pressure" in promulgating its final rule. "This extraordinary crisis has required public and private entities alike to act decisively and swiftly in the face of massive uncertainty, and often with grave consequence," the judge noted. "But as much as this moment calls for flexibility and ingenuity, it also calls for renewed attention to the guardrails of our government. Here, DOL jumped the rail."
Management-side attorneys expect the ruling to be appealed, Bloomberg Law reported. The decision applies nationally, creates uncertainty for employers who experienced pandemic-related shutdowns or reductions in force and requires healthcare employers to "re-examine whether they must provide paid leave" to certain employees, Sami Assad, partner at FordHarrison LLP and chair of the firm's Home Healthcare Practice Group, wrote in an article.
The FFCRA applies to U.S. employers with fewer than 500 employees, but those with fewer than 50 employees may be exempt from two of the law's paid-leave requirements. An authorized officer of the business must use a three-prong test to determine whether the employer may claim an exemption. Also, the IRS has published guidance detailing how small businesses can receive 100% reimbursement for paid leave pursuant to the FFCRA.
SOURCE: Golden, R. (04 August 2020) "Judge strikes down parts of DOL's emergency paid leave regs" (Web Blog Post). Retrieved from https://www.hrdive.com/news/new-york-judge-strikes-down-dol-emergency-paid-leave-reg/582856/