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HR Compliance - Updates on Things to Know Now

There are so many moving parts when it comes to rules and regulations, and just when you think you have it all down, something changes, and we are back to square one.

A few things to keep in mind:

  • YOU are not alone. Everyone is feeling the changes in some way. It is hard to stay on top of everything happening in normal circumstances, but add to that the changing dynamics in our country and the workplace, and constant change is part of the new norm. HR Pros are Change Management Experts. Even as things become more challenging, we got this! We are comfortable and confident when it comes to change - even when it is a daily occurrence. So keep reminding yourself - YOU will get this.

  • You have awesome partners. Remember, you have great people in your corner. Leaders, team members, and outside partnerships (HRx, Brokers, Payroll teams) are all learning and developing with these changes as well. Make sure to engage with your partners to help you navigate all these moving parts successfully.

With that, let's cut to the chase and share some of the things (but not everything, as this is not an exhaustive list) we feel you should be monitoring right now.

Updates on Families First Coronavirus Response Act (FFCRA):

According to the DOL, the revisions do the following:

  • Reaffirm and provide an additional explanation for the requirement that employees may take FFCRA leave only if work would otherwise be available to them.

  • Reaffirm and provides additional explanations for the requirement that an employee has employer approval to take FFCRA leave intermittently.

  • Revise the definition of “healthcare provider” to include only employees who meet the definition of that term under the Family and Medical Leave Act regulations or who are employed to provide diagnostic services, preventative services, treatment services, or other services that are integrated with and necessary to the provision of patient care which, if not provided, would adversely impact patient care.

  • Clarify that employees must provide required documentation supporting their need for FFCRA leave to their employers as soon as practicable while correcting an inconsistency regarding when employees may be required to provide notice of a need to take expanded family and medical leave to their employers.

The new rules will take effect on September 16 - today!

  • If a school offers both in-person and online learning options and a parent chooses the latter, the parent may not take paid leave under the Families First Coronavirus Response Act (FFCRA), the U.S. Department of Labor (DOL) said in guidance released Aug. 27 that, "FFCRA leave is not available to take care of a child whose school is open for in-person attendance."

  • Parents may, however, use FFCRA leave on days when children are not permitted to attend school due to hybrid in-person and online arrangements, the agency said. A child may be allowed to physically attend school only on their allotted in-person attendance days under such a model. Schools are "effectively ‘closed'" to workers' children on those remote learning days, DOL said.

  • Parents may also take leave under the FFCRA if a school begins the year remotely with the intent to evaluate the circumstances and possibly reopen for in-person learning later on. If the school reopens, a parent's eligibility for leave "will depend on the particulars of the school's operations," DOL said.

CO Secure Savings Program:

On July 21, 2020, Colorado moved to help reduce that by one million. The passage of the legislation establishing the Colorado Secure Savings Program mandates businesses with at least five employees offer access to an individual retirement account (IRA) funded by automatic payroll deductions.

Some details from the new legislation are included below:

  • The act specifies the powers and duties of the board in connection with the creation and administration of the program and updates the criteria to which the board is required to adhere in developing the program.

  • The board is required to adopt rules regarding enrollment in the program, contributions to and withdrawals from program accounts, the process for employer exemptions from offering the program, and required disclosures.

  • Participating employers would not have any liability for an employee's decision to participate in, or opt-out of, the Colorado secure savings plan program or for the investment decisions of the board or of any enrollee

  • Employers are not considered a fiduciary and are not liable for program details

  • Employers in all industries in Colorado are able to participate

  • Individuals who are not considered employees, but eligible to open an IRA are able to voluntarily participate

As we continue to monitor new updates in Colorado and requirements around changing legislation, we will be happy to share them with you!

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