Labor Department Is Now Enforcing Coronavirus Paid-Leave Rules
As the U.S. Department of Labor gave employers sufficient time to comply with paid-leave through the Families First Coronavirus Response Act, many businesses can provide paid-sick-leave for employees if it is needed. Read this blog post to learn more.
The U.S. Department of Labor (DOL) initially gave employers time to comply with coronavirus-related paid-sick-leave and paid-family-leave mandates and correct mistakes without facing scrutiny, but the department has officially ramped up its enforcement efforts.
Under the Families First Coronavirus Response Act (FFCRA), many businesses with fewer than 500 employees must provide up to 80 hours of paid-sick-leave benefits if employees need leave to comply with a self-quarantine order or care for their own or someone else's coronavirus-related issues. The act also provides emergency paid family leave for parents who can't work because their children's schools or child care services are closed due to the pandemic.
The FFCRA's paid-leave provisions took effect April 1 and expire on Dec. 31. The DOL announced on April 20 that the nonenforcement period had officially ended, and the department issued its first enforcement order shortly thereafter. An electrical company based in Tucson, Ariz., was ordered to compensate an employee who was denied paid sick leave after he showed coronavirus symptoms and was told by a doctor to self-quarantine. The employer was ordered to pay the worker $1,600, which covered his full wages ($20 an hour) for 80 hours of leave.
"This case should serve as a signal to others that the U.S. Department of Labor is working to protect employee rights during the coronavirus pandemic," said Wage and Hour District Director Eric Murray in Phoenix. "We encourage employers and employees to call us for assistance to improve their understanding of new labor standards under the [FFCRA] and use our educational online tools to avoid violations like those found in this investigation."
We've rounded up articles and resources from SHRM Online on the FFCRA.
Paid-Sick-Leave Details
Under the FFCRA, covered employers will have to provide up to 80 hours of paid-sick-leave benefits if an employee:
- Has been ordered by the government to quarantine or isolate because of COVID-19.
- Has been advised by a health care provider to self-quarantine because of COVID-19.
- Has symptoms of COVID-19 and is seeking a medical diagnosis.
- Is caring for someone who is subject to a government quarantine or isolation order or has been advised by a health care provider to quarantine or self-isolate.
- Needs to care for a son or daughter whose school or child care service is closed due to COVID-19 precautions. (This leave can be combined with emergency paid family leave.)
- Is experiencing substantially similar conditions as specified by the secretary of health and human services, in consultation with the secretaries of labor and treasury.
Paid sick leave must be paid at the employee's regular rate of pay, or minimum wage, whichever is greater, for leave taken for reasons 1-3 above. Employees taking leave for reasons 4-6 may be compensated at two-thirds their regular rate of pay, or minimum wage, whichever is greater. Part-time employees are eligible to take the number of hours they would normally work during a two-week period. Under the legislation, paid sick leave is limited to $511 a day (and $5,110 total) for a worker's own care and $200 a day (and $2,000 total) when the employee is caring for someone else.
Family Leave and Sick Leave Work Together
The Emergency Family and Medical Leave Expansion Act (EFMLEA), which is part of the FFCRA, provides paid leave to parents who can't work because their children's schools or child care services are closed due to the pandemic. An employee may take paid sick leave for the first 10 days of leave or substitute any accrued vacation, personal leave or sick leave under an employer's policy. For the following 10 weeks, the individual will be paid at an amount no less than two-thirds of the regular rate of pay for normally scheduled hours. The individual will not receive more than $200 per day or $12,000 for 12 weeks that include paid sick leave and EFMLEA leave, the DOL stated. As of April 1, workers who have been on the payroll for at least 30 calendar days are eligible for paid family leave benefits.
More Guidance
Many employers and workers have been confused about how to apply the law or access its benefits, so the DOL has been regularly releasing compliance information and updating its Q&A document. In addition to temporary regulations, the DOL released a fact sheet for employees and a fact sheet for employers. The department also provided model workplace posters for nonfederal employers and federal employers that are covered by the mandate. The DOL will continue to add resources to its website, so employers should keep checking for updates. "Please continue to use our website as a primary source of information," said DOL Wage and Hour Division Administrator Cheryl Stanton.
Answers to the Most Common Coronavirus Questions
Would an employee who is afraid of coming to work and contracting COVID-19 be eligible for paid sick leave? Are nonprofit organizations required to comply with the FFCRA? How do the new requirements interact with collective bargaining agreements? Here are some answers to FFCRA and other common coronavirus questions.
SOURCE: SHRM. (28 April 2020) "Labor Department Is Now Enforcing Coronavirus Paid-Leave Rules" (Web Blog Post). Retrieved from https://www.shrm.org/ResourcesAndTools/legal-and-compliance/employment-law/Pages/Labor-Department-Is-Now-Enforcing-Coronavirus-Paid-Leave-Rules.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
Overview of COVID-19 Law and Guidance for Health and Welfare Plans
The business operations of many small and large companies have been significantly affected due to the coronavirus pandemic. During this time, health and benefit plans are also being affected. Read this blog post to learn more.
The COVID-19 pandemic has significantly affected the business operations of small and large employers alike. To mitigate the harm from the pandemic to employers, the government has enacted major legislation and issued numerous guidance in the past few months pertaining to COVID-19, including rules that address various aspects of employee benefits.
This article provides an overview of significant COVID-19 legislation and guidance related to employer-sponsored health and welfare benefit plans that has been enacted or issued to date.
Some of these changes are mandatory for group health plans. Other are optional. Employers should carefully review these rules to determine any compliance obligations as well as any opportunities to benefit their businesses and respective employees.
Mandated Coverage of COVID-19 Testing (Mandatory)
Effective March 18, 2020 and until the end of the national emergency period for COVID-19, the Families First Coronavirus Response Act (FFCRA) requires group health plans to cover:
- COVID-19 diagnostic testing.
- Certain items and services that result in an order for, or administration of, the testing.
Plans must provide this coverage without imposing any requirements for cost-sharing, prior authorization, or medical management.
CARES ACT
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), which was signed into law on March 27, 2020, amended the FFCRA's coverage mandate to:
- Expand the scope of COVID-19 diagnostic tests that must be covered.
- Include rules regarding the rate at which a plan must reimburse a health care provider for the mandated services.
- Require coverage of preventive services and vaccines for COVID-19 as of 15 days after such a service or vaccine is given an "A" or "B" rating in a recommendation by the U.S. Centers for Disease Control and Prevention (CDC) or U.S. Preventive Services Task Force.
ADDITIONAL GUIDANCE
On April 11, 2020, the FFCRA and CARES Act FAQs provided additional information about this COVID-19 mandate. Items included details on required coverage of COVID-19 antibody tests, rules regarding required disclosures of the new coverage to plan participants, and which items and services related to COVID-19 testing must be covered by a plan.
Continuation of Health Benefits During Certain Leaves of Absence (Mandatory)
The FFCRA also requires (with some exceptions) employers with fewer than 500 employees to provide certain paid sick leave and family and medical leave related to certain COVID-19 reasons, as follows:
- Paid sick leave. An applicable employer must provide two weeks of emergency paid sick leave (EPSL) to an employee who is unable to work (or telework) due to certain reasons related to COVID-19. Reasons include quarantining of an employee (due to a Federal, state or local order or advice from a health care provider) experiencing COVID-19 symptoms, caring for an individual who is quarantined, and caring for a child under age 18 whose school or child care provider is closed.
- Family and medical leave. The employer must also provide up to twelve weeks of expanded Family Medical and Leave Act (FMLA) leave (ten of which is paid) for an employee who has been employed for at least 30 days and who is unable to work (or telework) due to a bona fide need for leave to care for a child whose school or child care provider is closed or unavailable for reasons related to COVID-19.
During FMLA leave, an employer is required to allow the employee to continue his or her group health coverage at the same premium rate as that of active employees. The DOL has also issued FAQs stating that employers must continue employees' coverage during EPSL, as well. Note, there are also implications for retirement plans under the FFCRA and CARES Act. Although those retirement plan rules are not discussed in this article, some of the CARES Act rules are conceptually similar for retirement plans (e.g., 401(k) plans may allow participants to take "Coronavirus-related" 401(k) plan distributions due to certain COVID-19 reasons).
High-Deductible Health Plans and Health Savings Accounts (Optional)
IRS GUIDANCE
IRS Notice 2020-15 (March 11, 2020), which was issued prior to passage of the FFCRA and CARES Act, provided that a high-deductible health plan (HDHP) will not lose its HDHP status if it covers COVID-19 testing and treatment before the statutory minimum HDHP deductible is met. Therefore, the plan can cover those COVID-19 related services without causing participants to be ineligible to contribute to a health savings account (HSA). IRS Notice 2020-29 (May 12, 2020) clarified that the provisions in Notice 2020-15 apply to an HDHP's reimbursement of expenses incurred on and after January 1, 2020.
CARES ACT
The CARES Act amended the HSA rules to provide that, for plan years before December 31, 2021, an HDHP does not lose its HSA-eligible status if it covers telehealth and other remote healthcare services before the HDHP deductible is met. This CARES Act provision is broader than the IRS Notices, as it provides that an HDHP can cover telehealth services regardless of whether the services are related to COVID-19. The CARES Act also allows participants to use their HSAs, health flexible spending accounts (FSAs), and health reimbursement arrangements (HRAs) to pay for certain over-the-counter drugs without a prescription as well as certain menstrual care products.
Extended Form 5500 Filing Deadline for Certain Plans (Optional)
IRS Notice 2020-23 (April 9, 2020) extended certain deadlines for a plan to file the required annual Form 5500. Under Notice 2020-23, the Form 5500 deadline was extended to July 15, 2020 for any plan whose plan year ended in September, October, or November 2019 (or any plan that was given a filing extension between April 1 and July 15, 2020). Ordinarily, a plan must file its Form 5500 (absent an extension) by the last day of the seventh month following the end of the plan year.
Relief for Certain Disclosures Required by ERISA (Optional)
EBSA Disaster Relief Notice 2020-01, which was issued by the DOL on April 28, 2020, extended the deadlines for plans to provide certain notices and disclosures under Title I of the Employee Retirement Income Security Act of 1974 (ERISA). Under Notice 2020-01, a plan will not be treated as violating ERISA if it fails to timely furnish a notice, disclosure, or document required by Title I of ERISA between March 1, 2020 and 60 days after the announced end of the national emergency declaration for COVID-19. The plan fiduciary, however, must act in good faith to furnish the notice, disclosure, or document as soon as administratively practicable. For this purpose, a plan fiduciary can meet the "good faith" standard by furnishing a document electronically if it reasonably believes that the recipient has access to electronic communication.
Extensions of Certain Plan Deadlines (Mandatory)
A joint notice issued by the DOL and IRS (published May 4, 2020) required group health plans to extend certain timeframes for participants during the "outbreak period" (defined as the period from March 1, 2020 until 60 days after the announced end of the national emergency for COVID-19). Those plans are required to disregard the outbreak period for purposes of determining the following periods and dates:
- The 30-day/60-day special enrollment period under the Health Insurance Portability and Accountability Act (HIPAA).
- The 60-day deadline for a qualified beneficiary to elect continuation coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA).
- The deadlines for a COBRA qualified beneficiary to pay his or her required COBRA premiums.
- The deadline for an individual to notify the plan of COBRA certain qualifying events (e.g., divorce).
- The deadlines for a participant to file benefit claims, appeals, and external review requests with the plan (or to perfect an external review request).
Because of this joint notice, a group health plan must essentially "pause" the above deadlines during the outbreak period. For example, if an individual experienced a COBRA qualifying event on March 1, 2020, the individual would have until 60 days after the end of the outbreak period (rather than 60 days after March 1) to elect COBRA coverage. This is because the joint notice requires a group health plan to pause the 60-day timeframe for COBRA elections during the outbreak period. Also, because the joint notice was issued on May 4 and is retroactive to March 1, plans may be required to re-process previous claim denials that were based on a participant's failure to meet one of the above deadlines between March 1 and May 4.
Cafeteria Plans and Flexible Spending Accounts (Optional)
2020 MIDYEAR ELECTION CHANGES
IRS Notice 2020-29 (May 12, 2020) relaxed the rules regarding cafeteria plan pre-tax elections in light of the COVID-19 pandemic. Under Notice 2020-20, employers may (but are not required to) amend their cafeteria plans to allow participants to make the following mid-year, pre-tax election changes in 2020:
- An election to enroll in the health plan by an eligible employee who previously declined coverage (e.g., someone who waived coverage during open enrollment).
- An election to change plan options (e.g., from an HMO to a PPO) or add dependents.
- An election to drop coverage by a participant.
- An election to enroll in or drop health FSA or dependent care FSA coverage or to increase or decrease health FSA or dependent care FSA contributions.
An employer that wishes to adopt any of all of the above cafeteria plan changes must disclose the changes to employees and amend its cafeteria plan by no later than Dec. 31, 2020 (i.e., an amendment is not required in advance of making the changes).
EXTENDED GRACE PERIOD TO INCUR FSA CLAIMS AND INCREASE OF MAXIMUM HEALTH FSA CARRYOVER AMOUNT
Notice 2020-29 also permits employers to amend their health and dependent care FSAs to allow employees to incur eligible claims through the end of the 2020 calendar year for any FSA plan year (or for any FSA grace period that ends in 2020). For example, if a health FSA has a grace period until March 15, 2020 for a participant to incur eligible claims for the 2019 plan year, the FSA can allow participants to incur expenses through 2020 and use their 2019 elections to pay for those expenses.
This change does not apply to FSAs with a carryover provision. IRS Notice 2020-33 (May 14, 2020), however, provides for a permanent FSA carryover increase based upon annual indexing. For the 2020 plan year, employers may amend a cafeteria plan with carryover provision to allow participants to carry over up to $550 in unused health account balances in the 2021 plan year. An employer that adopts the extended FSA grace periods or the increased carryover limit must amend its cafeteria plan or FSA (as applicable) by no later than December 31, 2021.
Tax-Free Payment of Employees' Student Loans (Optional)
The CARES Act amended Section 127 of the Internal Revenue Code (education assistance programs) to permit employers to pay up to $5,250 of an employee's student loans on a tax-free basis. This provision applies from the date of enactment of the CARES Act (March 27, 2020) through the end of 2020. The payment must be for either the principal or interest of a qualifying education loan incurred by the employee, and the employer can make payment either directly to the lender or as a reimbursement to the employee.
Takeaways for Employers
As employers grapple with the impact of the COVID-19 pandemic and return to normal business operations, it is important for them to be aware of their compliance obligations under the FFCRA, CARES Act and other guidance issued by governmental agencies. Employers should also carefully review the guidance and legislation for potential avenues of benefit for their business and employees.
Additional guidance for both mandatory and optional items is likely forthcoming as well, and COVID-19 continues to have a major impact on both companies and individuals as new infections spike in numerous states. Accordingly, employers would be well-advised to keep a close eye out for new legislation and guidance in the coming months and periodically evaluate their benefits programs for compliance and competitive considerations.
SOURCE Tyler Hall, A.; Schillinger, E. (16 July 2020) "Overview of COVID-19 Law and Guidance for Health and Welfare Plans" (Web Blog Post). Retrieved from https://www.shrm.org/resourcesandtools/hr-topics/benefits/pages/overview-of-covid-19-legislation-and-guidance-for-benefits-plans.aspx
Antibody Testing for COVID-19 in the Workplace
Many employers have heard of various workplaces testing for antibodies in regards to COVID-19. As businesses are wanting employees to feel confident in returning to the office, there are still various unanswered questions in regards to the testing. Read this blog post to learn more.
Many companies are considering offering their employees antibody (Ab) testing for SARS-CoV-2, the virus that causes COVID-19. While businesses want employees to be confident about returning to work, and the government wants better estimates of infection rates, there are still many questions about the value, reliability and usefulness of the testing.
The Basics of Antibody Testing
Ab testing uses a blood sample to look for antibodies the immune system develops to fight SARS-CoV-2. The test may show the presence of antibodies, an indicator of a likely past SARS-CoV-2 infection. Negative results indicate that a past infection is not likely. Neither result confirms whether the individual is currently infected (asymptomatic or otherwise), and Ab tests should not be used to diagnose whether someone is presently infected with COVID-19.
It typically takes 10-18 days following infection for the body to produce enough antibodies to be detected. A positive result does not indicate whether the detected antibodies can provide any protection or immunity against becoming infected again.
The U.S. Food and Drug Administration (FDA) has so far barred test producers from selling the tests to the public. Ab tests for SARS-CoV-2 must be administered by a federally approved health care provider or research group. For more information, see this guidance on the World Health Organization website, as well as this information from the FDA.
What Are Antibodies?
The presence of antibodies to any virus confirms past exposure to that virus or the receipt of a vaccine for it. The body remembers that exposure and will recognize the virus if exposed again. Antibodies take time to develop into their role as the body's biological memory of past infections. Because many of us have not been exposed to this new coronavirus, our immune systems have no memory of it.
Those who may have antibodies for SARS-CoV-2 may not necessarily be able to fight off a second infection. To do that, the body needs sufficient numbers of antibodies, and they need to be effective. The degree to which people with coronavirus antibodies are protected from getting COVID-19 a second or third time is still unknown. Broad use of Ab tests and clinical follow-up will provide these answers. According to the U.S. Centers for Disease Control and Prevention, "we do not know yet if having antibodies to the virus that causes COVID-19 can protect someone from getting infected again or, if they do, how long this protection might last. Scientists are conducting research to answer those questions."
If the antibodies are effective in causing immunity, we must also determine how long they might last in the body. Other coronavirus antibodies tend to last a few years. Those for the common cold can last only a few weeks or months. After the SARS coronavirus outbreak in 2003, one study found that only 9 percent of people had antibodies six years after getting sick.
Next Steps for Employers
Currently, there are many reasons why employers might hesitate to pursue Ab testing for employees. Ab tests only look backward, and most people will already know if they had COVID-19. Some physicians insist that test results offer little guidance on how or when to reopen workplaces, and organizations shouldn't modify policies or procedures based on test results. They argue that safety procedures should remain the same regardless of Ab test results. Unfortunately, testing may make things worse, as some people who test positive for having antibodies may relax social distancing and sanitizing in the belief that they are now immune.
Knowing what to do with the test results is the primary dilemma. Encouraging blood draws and testing among employees may not be a compelling pursuit for companies until we know what to do with the results. Major questions remain:
- Quantity. We don't know the degree to which people infected by the coronavirus develop antibodies. Some may never develop antibodies. Figuring that out requires longer-term studies of who gets reinfected.
- Effectiveness. We don't know the degree to which the antibodies provide immunity and protection.
- Consistency. We don't know how consistently these antibodies provide protection from person to person.
If Ab testing in the workplace is used, it should be accompanied by a clear explanation of what the results might indicate about the employee's past health and what they do not indicate about the employee's present and future health status.
SOURCE: Musselman, K. (29 May 2020) "Antibody Testing for COVID-19 in the Workplace" (Web Blog Post). Retrieved from https://www.shrm.org/resourcesandtools/hr-topics/risk-management/pages/antibody-testing-for-covid-19-in-the-workplace-.aspx
Guidance Clarifies COVID-19 Diagnostic Testing Mandate
As many know, on March 18, 2020, the president had signed the Families First Coronavirus Response Act (FFCRA), which ultimately includes a requirement that health plans cover COVID-19 testing. Read this blog post for frequently asked questions and their answers provided from SHRM.
The Departments of Labor, Health & Human Services, and the Treasury recently issued a set of frequently asked questions (FAQs) that provide guidance to group health plan sponsors on various issues related to implementation of the COVID-19 diagnostic testing mandate.
Background
On March 18, 2020, the president signed the Families First Coronavirus Response Act (FFCRA), which includes a requirement for group health plans to cover COVID-19 diagnostic testing—including the cost of office, urgent care, ER and telehealth visits in order to receive testing—without cost-sharing or prior authorization. The following week, he signed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), which expands the COVID-19 diagnostic testing mandate provisions.
Departments' FAQs
The Departments of Labor, Health & Human Services, and the Treasury (the departments) issued a set of FAQs on April 11 that provide guidance to group health plan sponsors on various issues related to the implementation of COVID-19 diagnostic testing requirements. The departments anticipate releasing additional guidance in the future.
The FAQs address the following issues.
Which group health plans are subject to the mandate?
Most group health plans are subject to the mandate. This includes grandfathered plans under the Affordable Care Act, non-federal governmental plans, and church plans. The mandate does not apply to retiree-only plans or to excepted benefits, such as dental, vision, and most EAPs.
When are plans first required to comply and for how long?
Plans are required to cover items and services relating to COVID-19 diagnostic testing that were furnished on and after March 18, 2020, and to continue to do so through the end of the public health emergency. Unless extended or terminated earlier, the public health emergency related to COVID-19 will end on June 16, 2020.
What types of testing must be covered?
The guidance clarifies that in addition to tests that determine whether an individual has the virus based on the presence of COVID-19 virus genetic material in the body, a group health plan must also cover serological testing to detect COVID-19 antibodies. All tests must be either: (1) authorized by the Food and Drug Administration (FDA), (2) under review by the FDA, (3) developed and authorized by a state, or (4) determined appropriate by the Secretary of Health & Human Services.
What items and services must be covered in full during a visit?
Health plans "must cover items and services furnished to an individual, during visits that result in an order for, or administration of, a COVID-19 diagnostic test." The FAQs clarify that if the attending provider determines that other tests, such as influenza or blood tests, should be performed during a visit to help determine whether COVID-19 diagnostic testing should be conducted, "and the visit results in an order for, or administration of, COVID-19 diagnostic testing," the plan must cover those services in full.
If COVID-19 diagnostic testing is not ordered or administered as a result of the visit, full coverage for these services is not required.
Can a plan impose any cost-sharing, prior authorization, or medical management requirements for COVID-19 testing?
No.
Does the requirement to cover COVID-19 diagnostic testing without cost-sharing apply to out-of-network providers?
Yes. This requirement applies to out-of-network providers, including HMOs that otherwise do not cover non-emergency out-of-network services. Out-of-network providers would be reimbursed based on the cash price listed by the provider on a public website or the amount negotiated by the plan with the provider.
Under what circumstances are services considered to be furnished during a visit?
The FFCRA requires plans to cover COVID-19 diagnostic testing services during office visits including in-person and telehealth visits, as well as urgent care centers and emergency rooms. The guidance defines the term "visit" broadly "to include both traditional and non-traditional care settings in which a COVID-19 diagnostic test … is ordered or administered."
While the guidance does not require group health plans to include a benefit with a telehealth provider, any services offered by a provider through a telehealth visit or other remote visit for COVID-19 diagnostic testing must be covered in full.
What participant communication requirements apply?
The ACA requires group health plans to provide participants with at least 60 days' advance notice of a material modification to information contained in a Summary of Benefits and Coverage (SBC). The FAQ states that the departments will not enforce this advance notice requirement to the enhanced coverage of items or services related to the diagnosis or treatment of COVID-19. The non-enforcement policy will also apply to the addition or expansion of telehealth and other remote care services. However, plans "must provide notice of the changes as soon as reasonably practical." The guidance notes that the departments would continue to take enforcement action against a plan that attempts to offset the cost of the COVID-19 diagnostic testing requirement by eliminating or limiting benefits or increasing cost-sharing on other services.
The non-enforcement policy applies during the public health emergency period. If the benefit changes are continued beyond the public health emergency period, then plans will be required to update plan documents and terms of coverage.
Employers should communicate the coverage changes to participants as soon as possible. Using updated SBCs for this communication is an option for employers, but not required.
What about SMMs?
Unlike the SBC requirements, unless there is a material reduction in benefits, a group health plan does not have to issue a statement of material modification (SMM) for a change until 210 days after the close of the plan year in which the change was adopted. Nevertheless, sponsors may want to consider providing notice of the changes in the form of an SMM.
Can an employer offer benefits for COVID-19 diagnostic testing under an EAP or onsite medical clinic that constitute an excepted benefit without impacting its excepted benefit status?
Yes, diagnostic testing coverage can be provided without impacting the excepted benefit status of the EAP or onsite medical clinic.
While the guidance strongly encourages plan sponsors to promote the use of telehealth services, similar relief was not provided for telehealth benefits. Some employers are considering offering a standalone telehealth benefit to employees who are not eligible for medical coverage, or who have waived coverage. However, a standalone telehealth benefit would not satisfy the ACA market reform requirements unless it qualifies as an excepted benefit.
Use of onsite medical clinics to provide testing could be part of an employer's return-to-work program.
In Closing
The FAQs provide important guidance for employers on implementation of the diagnostic testing requirements and include actions employers need to take to communicate these provisions to employees.
Richard Stover, FSA, MAAA, is a principal at HR advisory firm Buck. Leslye Laderman, JD, LLM, is a principal in the firm's Knowledge Resource Center. This article originally appeared in the April 15, 2020 issue of Buck's For Your Information. © 2020 Buck Global LLC. All rights reserved. Republished with permission.
SOURCE: Stover, R.; Laderman, L. (21 April 2020) "Guidance Clarifies COVID-19 Diagnostic Testing Mandate" (Web Blog Post). Retrieved from https://www.shrm.org/resourcesandtools/hr-topics/benefits/pages/guidance-clarifies-coronavirus-diagnostic-testing-mandate.aspx
What Happens When Employers Violate Shelter-in-Place Orders?
During the coronavirus pandemic, many states are allowing only essential businesses to stay open to the public, while other businesses are on a shelter-in-place order. Read this blog post to learn more.
In many states, only essential businesses can stay open to the public and only critical staff can remain at the worksite during the coronavirus pandemic. So what happens when employers ignore the rules? In some jurisdictions, employers can face civil or criminal penalties.
Officials in some states, including California, Georgia and New York, are asking people to report businesses that are violating shelter-in-place orders.
"Each and every one of us is called to work together and cooperate with emergency responders and public officials who are working hard to keep all New Yorkers safe," said New York Attorney General Letitia James.
We've rounded up articles and resources from SHRM Online and other trusted media outlets on shelter-in-place orders.
What Is an Essential Business?
To help combat the spread of COVID-19, the respiratory disease caused by the coronavirus, many state and local governments are issuing stay-at-home or shelter-in-place orders that only permit "essential" businesses to remain open. The distinction between "essential" and "nonessential" businesses isn't the same in each location, so employers need to review the specific orders that apply to their operations. Generally, essential businesses include health care, first responders, food production and delivery, medical supply, public utilities, communications and information technology, grocery stores, and gas stations. Nonessential businesses typically must allow employees to work remotely, close for a period of time or reduce their operations to certain activities that are necessary to preserve the business.
State and Local Coronavirus Decrees Raise Questions
Gray areas in state orders call for careful introspection and decision-making by businesses. Should they find a way to stay open to pay workers and maintain customers, or close for a less tangible public good—helping to prevent the spread of COVID-19? "Those are extremely difficult decisions to make and not the sort of thing most HR professionals were having to deal with five months ago," said Jackie Ford, a partner at Vorys, a labor and employment law firm in Houston, which issued its own citywide shelter-in-place rules on March 24. "It's a whole new skill set."
Civil and Criminal Penalties May Apply
Employers must follow shelter-in-place orders or they could face civil or criminal penalties. In Michigan, for example, violating the state's order is a criminal misdemeanor and businesses that don't comply can be fined and possibly shut down.
States with Shelter-in-Place Orders
Many state and local governments are implementing strict measures, but the duration of the orders vary. For instance, Alabama's order is in place until April 30, Virginia's expires June 10 and California's is effective until further notice. Here's a chart that shows which states have ordered nonessential businesses to close and where public officials have encouraged or mandated residents to stay at home.
Michigan Extends Retaliation Protections Amid COVID-19 Outbreak
Some states are also addressing coronavirus-related issues in their antiretaliation rules. For instance, on April 3, Michigan Gov. Gretchen Whitmer issued an executive order prohibiting employers from discharging, disciplining or otherwise retaliating against an employee for staying home from work because the employee tests positive for COVID-19, displays principal symptoms of COVID-19, or has had close contact with an individual who has tested positive or has symptoms.
Showing Compassion May Minimize Risk of Employee Claims
Care, show compassion, connect, communicate and be flexible—these are COVID-19's HR lessons. Johnny C. Taylor, Jr., SHRM-SCP, president and CEO of SHRM, summed things up as follows: "Every workplace operates under a set of guiding principles, whether overtly expressed or more subtly embedded in the culture. This is the moment to examine the principles that define you as an employer and a corporate citizen, and ensure they are ones you want to uphold and are prepared to live. Employees will rest easier knowing that you are operating under a strong value system that doesn't waver in good times or bad."
SOURCE: Nagele-Piazza, L. (13 April 2020 "What Happens When Employers Violate Shelter-in-Place Orders?" (Web Blog Post). Retrieved from https://www.shrm.org/resourcesandtools/legal-and-compliance/state-and-local-updates/pages/when-employers-violate-shelter-in-place-orders.aspx
Strategies for making layoffs a last resort during a crisis
Did you know: 6.6 million Americans have applied for unemployment due to the coronavirus pandemic. Many businesses are looking for other alternatives than automatically laying off their employees. Read this blog post to learn more.
In uncertain times business leaders can be faced with an impossible choice, keep every employee or keep their business afloat.
More than 6.6 million Americans have applied for unemployment, according to the Labor Department and there have been over 10 million jobless claims, as a result of the coronavirus pandemic keeping people in their homes and out of work. It is likely that businesses will make further cuts as the latest PwC survey suggests 44% of CFOs expect furloughs and 16% expect layoffs.
The unfortunate reality for many small businesses is that there typically isn’t an alternative to layoffs, but larger organizations have more options.
“There are several firms in the U.S. right now, including our own, that have publicly said layoffs are a last resort,” says Bhushan Sethi, PwC’s global people and organization leader. “What they are looking to do is be creative with the different levers you can pull around the workforce.”
Sethi in a recent interview shared ways in which employers can make layoffs a last resort in times of unpredictability.
How can businesses avoid layoffs during a crisis?
There’s looking at compressed work schedules, reducing costs in other areas, including real estate or business travel. There are other benefits employers may be offering that are not relevant like a car allowance or a travel allowance. Even before COVID-19 we’ve seen clients take a look at a compressed work schedule. Employers need to understand what it means if they offer a compressed work week, whether it is 40 hours across four days or in some areas it might mean one week on, one week off. So the compressed work weeks can take on different forms. Changing the pay would be next, and looking at the areas of your firm that have significant costs and looking at where value is created. What that could mean is changing the mix of pay at the executive level. Certain companies have come out and froze or capped executive pay or said executives won’t take bonuses. So there’s different levers on the compressed work schedules and on the pay models and then there are other kinds of cost control measures you can take.
How are employers designing benefits during this time?
In our CFO survey we saw that 56% of them were also looking at other benefits, specifically things like paid time off and sick leave. A number of them are saying “how do I design benefits around what my people want?” At PwC we said we’re going to give an emergency child care allowance to people who need it for $2,200. We’re seeing this shift around what you can offer your employees from a benefits perspective that might be very relevant to them. I’ve seen other clients say “well if there is a small piece of equipment that will help you with remote working like investing in a different shaped chair or something like that,” it seems trivial but it's really important to people’s experience right now.
How can employers reassure their remaining staff when they have to make staffing cuts?
It’s still an opportunity for firms to start planning beyond just today’s business. You’ve got to project out maybe 12 months and say what will my revenue and my profitability be, based on some assumptions being made around the business. The more you can get employers to actually think about kind of financial impact then you can walk it back and say okay, I‘ve got to ask about the costs I need to manage and how can I be creative by not just looking at payroll and salary and benefits, but how can I think about other levers I can pull? Can I offer sabbaticals to people? Can I do compressed schedules? Can there be job sharing in certain key rolls? Looking at all the different levers around it is going to be important because then you may actually get to a decision that is more beneficial for your employees, for society, and your business because you won’t be in the process of having to lay off a significant amount of people and cause reputational damage to the business.
SOURCE; Shiavo, A. (13 April 2020) "Strategies for making layoffs a last resort during a crisis" (Web Blog Post). Retrieved from https://www.employeebenefitadviser.com/news/strategies-for-making-layoffs-a-last-resort-during-a-crisis
Trump Signs Coronavirus Relief Bill with Paid-Leave Mandate
As the COVID-19 pandemic cases increase, employees are stuck choosing between staying home to avoid spreading the illness and working for a paycheck to pay their household bills. Due to the effect that the spread of coronavirus has created, the U.S. Senate has approved the Families First Coronavirus Response Act. Continue reading this blog post from SHRM to learn more.
The U.S. Senate approved the Families First Coronavirus Response Act in a 90-8 vote on March 18, and President Donald Trump signed it into law a few hours later. The bill will provide free screening, paid leave and enhanced unemployment insurance benefits for people affected by COVID-19, the respiratory disease caused by the coronavirus.
The U.S. House of Representatives passed the bill late on March 13. After several days of negotiation, House Speaker Rep. Nancy Pelosi, D-Calif., announced that negotiators had reached a deal with the White House to pass the bill. "We cannot slow the coronavirus outbreak when workers are stuck with the terrible choice between staying home to avoid spreading illness and the paycheck their family can't afford to lose," Pelosi said.
Republican senators were concerned that the bill might hurt small businesses, and Sen. Mitch McConnell, R-Ky., said lawmakers are working on another bill that would include relief for small businesses. McConnell said he would not adjourn the Senate until the third COVID-19 economic stimulus package is passed, CNN reported.
Trump declared a national emergency March 13, which frees up billions of dollars to fund public health and removes restrictions on hospitals to treat more patients. The Families First Coronavirus Response Act (H.R. 6201) will provide:
- Free coronavirus testing.
- Paid emergency leave.
- Enhanced unemployment insurance.
- Additional funding for nutritional programs.
- Protections for health care workers and employees responsible for cleaning at-risk places.
- Additional federal funds for Medicaid.
We've rounded up articles and resources from SHRM Online and other trusted media outlets on the news.
Paid Family Leave
As originally drafted, H.R. 6201 would have temporarily provided workers with two-thirds of their wages for up to 12 weeks of qualifying family and medical leave for a broad range of COVID-19-related reasons. The revised version of the bill will only provide such leave when employees can't work because their minor child's school or child care service is closed due to a public health emergency. Workers who have been on the payroll for at least 30 calendar days will be eligible for paid family leave benefits, which will be capped at $200 a day (or $10,000 total) and expire at the end of the year.
(Littler)
Paid Sick Leave
Under the bill, many employers will have to provide 80 hours of paid-sick-leave benefits for several reasons, including if the employee has been ordered by the government to quarantine or isolate or has been advised by a health care provider to self-quarantine because of COVID-19. Employees could also use paid sick leave when they have symptoms of COVID-19 and are seeking a medical diagnosis, if they are caring for someone who is in quarantine or isolation, or their child's school or child care service is closed because of the public health emergency. Paid-sick-leave benefits will be immediately available when the law takes effect and capped at $511 a day for a worker's own care and $200 a day when the employee is caring for someone else. This benefit will also expire at the end of 2020.
(CNN)
Large and Small Business Exceptions
Private businesses with at least 500 employees are not covered by the bill. "I don't support U.S. taxpayer money subsidizing corporations to provide benefits to workers that they should already be providing," Pelosi said on Twitter. Treasury Secretary Steven Mnuchin also said that "big companies can afford these things."
Covered employers that are required to offer emergency FMLA or paid sick leave will be eligible for refundable tax credits. Employers with fewer than 50 workers can apply for an exemption from providing paid family and medical leave and paid sick leave if it "would jeopardize the viability of the business." Gig-workers and other self-employed workers will be eligible for a tax credit to cover the benefits.
Lawmakers Previously Approved $8.3 Billion Emergency Bill
Another emergency spending package to fight coronavirus rapidly worked its way through Congress, and President Donald Trump signed it into law March 6. The measure will provide funds to develop a vaccine, provide protective and laboratory equipment to workers who need it, and aid locations hit with the virus.
Coronavirus Prompts Employers to Review Sick Leave Policies
Do employees have the right to take time off if they are concerned about contracting coronavirus? Can employers send sick workers home? Should employees be paid for missed work time? HR and other business leaders are likely considering these questions and more as COVID-19 makes its way through the United States. "We believe employers would be wise to review their paid-time-off practices immediately," said Francis Alvarez, an attorney with Jackson Lewis in White Plains, N.Y. "Employers are likely to face unique circumstances that were not anticipated when they prepared their attendance and leave policies."
Visit SHRM's resource page on coronavirus and COVID-19.
SOURCE: Nagele-Piazza, L. (18 March 2020) "Trump Signs Coronavirus Relief Bill with Paid-Leave Mandate" (Web Blog Post). Retrieved from https://www.shrm.org/ResourcesAndTools/legal-and-compliance/employment-law/Pages/Senate-to-Vote-Soon-on-Coronavirus-Paid-Leave-Mandate.aspx
Early-Career Employees Face the Pandemic
Although working remotely can sound enticing, it can also create an over-abundance of stress for those who are not prepared. Many employees have had to deal with events that affect the workplace, but many of the younger generation employees have not had to deal with a situation like what the coronavirus has brought into businesses across the nation. Read this blog post to learn more about helping employees face the coronavirus pandemic.
Last week, before we understood the impact of the coronavirus pandemic, I spoke with several Millennials. During our discussions, we very quickly transitioned from plans for classes and graduation to what-if questions about the coronavirus pandemic.
More than the questions, though, the body language of the Millennials struck me. It screamed, "Help me get through this—all of it!"
Most of the conversations ended with "I feel so much better now that I talked to you."
Truthfully, I didn't say a lot because I didn't know many of the answers. However, I offered a listening ear, and it made the young adults feel heard and enabled them to share their thoughts, fears and concerns.
I realized at this moment that the power of listening is real, especially during times of uncertainty and crisis. Upon reflection, I wondered what made the Millennials feel safe enough to be vulnerable in front of me, and I realized they saw me as a trusted source.
We have to remember that although we're focused on delivering results, working remotely, managing our family responsibilities and practicing social distancing, as more-experienced workers, we've been doing this (i.e., dealing with uncertainty) a lot longer than early-career employees.
A lot of us have lived and, more importantly, worked during difficult, uncertain times, such as the terrorist attacks of Sept. 11, an economic recession, corporate layoffs, and the list goes on.
Each time we faced uncertainty, our tolerance for ambiguity improved, and we were reminded that we can get through this, albeit sometimes with scars.
The coronavirus outbreak may be the most significant uncertainty early-career employees have yet faced at work.
As a result, it is essential that organizations, and especially managers of early-career employees, do the following:
- Give employees a chance to vent. Listen more than you talk.
- Encourage them to ask questions.
- But when you don't know the answer to a question, admit that you don't know.
- Share concrete yet simple suggestions to encourage employees (e.g., practice self-care, turn off the news occasionally, go outside for fresh air).
- Ask for their input if you feel like that's the natural course of the conversation, but remember that sometimes, asking for ideas creates stress.
- Set clear expectations about work deadlines. If you can reduce uncertainty at work, it will help employees navigate other responsibilities.
- Communicate the amount of time you expect them to be online, and let them know when it's OK to get offline.
- Create fun, daily challenges (e.g., ask your team to share pictures from their favorite vacation spots).
- Continue meeting with employees one-on-one virtually, if possible. While it's helpful to have team meetings to ensure that projects and tasks are moving forward, during times of uncertainty, spending time with each of your employees is crucial.
- Encourage your employees to follow a routine.
Lastly, although it may sound cliché, remind employees that we will get through this—and remind them more than once.
SOURCE: Sutton, K. (23 March 2020) "Early-Career Employees Face the Pandemic" (Web Blog Post). Retrieved from https://www.shrm.org/ResourcesAndTools/hr-topics/employee-relations/Pages/Early-Career-Employees-Face-the-Pandemic.aspx
4 Sick-Leave Practices to Avoid During the Coronavirus Pandemic
While the spread of the coronavirus continuously increases, employees are urged to stay at home if they feel any symptoms that could be related to the virus. As employers begin to risk lost productivity due to sick leave, they may be tempted to adopt inflexible standards. Continue reading this blog post from SHRM to learn more.
Government officials are urging sick workers to stay home and employers to have flexible leave policies during the coronavirus pandemic. Don't let business pressures and reliance on past practices lead you to make bad decisions about attendance and leave policies during the public health emergency. Here are four mistakes employment law attorneys said businesses should avoid.
1. Being Inflexible
Many employers are understandably worried about the business impact of COVID-19, the respiratory disease caused by the coronavirus. They might be tempted to adopt inflexible sick time or general attendance policies to keep people coming to the workplace in an effort to maximize productivity, said Marissa Mastroianni, an attorney with Cole Schotz in Hackensack, N.J. "But it's a mistake to adopt an inflexible policy that would pressure a sick worker to come to the office," she noted.
Under Occupational Safety and Health Administration (OSHA) rules, employers have a duty to protect employees against known hazards in the workplace. "If one does not already exist, develop an infectious disease preparedness and response plan that can help guide protective actions against COVID-19," OSHA said in its Guidance on Preparing Workplaces for COVID-19.
The guidance noted that workers might be absent because they are sick or caring for sick family members, need to care for children whose schools or day care centers are closed, have at-risk people at home, or are afraid to come to work because they think they'll be exposed to the virus.
"Don't make employees feel pressured to come in when they shouldn't," Mastroianni said. If employees feel sick or think they have been exposed, they should be told to stay home. "We don't want to wait until someone is actually diagnosed."
Under OSHA rules, employees who reasonably believe they are in imminent danger can't be fired for refusing to come to the worksite. But what if an employee just doesn't feel comfortable reporting to work?
"Be more flexible with existing policies," said Susan Kline, an attorney with Faegre Drinker in Indianapolis. Employers should also consider providing additional sick time for instances of actual illness. If someone can't work from home, decide if offering paid time off is possible.
Some employees may take advantage of a flexible leave policy, Mastroianni said, but the employer's potential for liability is significant if employees are required to report to the workplace when they should stay home.
The analysis could be very fact-specific, and employers may want to contact a lawyer before denying time off.
"For a lot of companies, it's a challenge," Kline said, "because they want to be supportive but also don't know how big this is going to get."
2. Applying Policies Inconsistently
"Employers may choose to relax certain procedures set forth in sick-leave policies under extenuating circumstances, such as the current outbreak," said Jason Habinsky, an attorney with Haynes and Boone in New York City. "However, it is critical that employers apply any such modifications uniformly in order to avoid any claims of discrimination or unfair treatment."
For example, if an employer chooses to excuse absences for or to advance paid time off or vacation time to employees as a result of a COVID-19-related illness, the employer must be certain to do the same for all employees who are absent under similar circumstances.
"This requires employers to ensure that all decision-makers are aware of any temporary or permanent modifications to sick-leave policies to maintain consistency," Habinsky said.
3. Ignoring Leave Laws
All sick-leave policies must comply with applicable state and local paid-sick-leave laws, and these laws may require employers to provide leave for COVID-19-related absences. Although employers may be required to provide leave, they should note that many laws allow employees to decide when to use it.
Employers must also avoid forcing a sick employee to perform services while out on leave, Habinsky noted, as this may constitute interference or retaliation under certain leave laws, such as the Family and Medical Leave Act (FMLA). In fact, employers must avoid taking any actions against employees that could be construed as retaliation in violation of the FMLA, the Americans with Disabilities Act, and applicable state and local paid-sick-leave laws.
"This could include any form of discipline in response to an employee's use of sick time or request to use sick-leave time," Habinsky said. "Likewise, to the extent employees are performing services while working remotely from home, they must be paid for time worked in accordance with applicable federal and state wage laws consistent with their classification as exempt or nonexempt."
Laura Pasqualone, an attorney with Lewis Roca Rothgerber Christie in Phoenix, noted that many paid-sick-leave laws prohibit employers from requiring a doctor's note unless the absence is for at least three days. But requiring a medical certification at all could further burden emergency rooms and urgent care facilities and could expose employees to more germs, she said.
The U.S. Centers for Disease Control and Prevention (CDC) has urged employers not to require employees to provide a doctor's note to verify their COVID-19-related illness or to return to work.
4. Failing to Actively Encourage Sick Workers to Stay Home
According to the CDC, employers should actively encourage sick employees to stay home by:
- Telling employees to stay home if they have symptoms of acute respiratory illness, a fever of 100.4 degrees or higher, or signs of a fever. Employees should be fever-free for 24 hours without the use of medication before returning to work.
- Urging employees to notify their supervisor and stay home if they are sick for any reason.
- Ensuring that the company's sick-leave policies are flexible and consistent with public health guidance and that employees are aware of the policies.
- Making sure contractors and staffing agencies inform their employees about the importance of staying home when ill and urging business partners not to reprimand workers who need to take sick leave.
- Not requiring employees with acute respiratory illness to provide a doctor's note to verify their illness or to return to work, since health care providers may be overwhelmed with requests.
- Maintaining flexible policies that allow employees to stay home to care for a sick relative.
"Employers should be aware that more employees may need to stay at home to care for sick children or other sick family members than is usual," the CDC said.
[Visit SHRM's resource page on coronavirus and COVID-19.]
SOURCE: Nagele-Piazza, L. (18 March 2020) "4 Sick-Leave Practices to Avoid During the Coronavirus Pandemic" (Web Blog Post). Retrieved from https://www.shrm.org/ResourcesAndTools/legal-and-compliance/employment-law/Pages/4-Sick-Leave-Practices-to-Avoid-During-the-Coronavirus-Pandemic.aspx