Ria – therclawgroup.com https://therclawgroup.com Thu, 12 Jan 2023 11:25:11 +0000 en-US hourly 1 https://wordpress.org/?v=6.1.9 https://therclawgroup.com/wp-content/uploads/2020/09/Frame-9.svg Ria – therclawgroup.com https://therclawgroup.com 32 32 I Need To Go Back To Work – What About These Kids? https://therclawgroup.com/i-need-to-go-back-to-work-what-about-these-kids/ https://therclawgroup.com/i-need-to-go-back-to-work-what-about-these-kids/#respond Thu, 29 Dec 2022 07:28:37 +0000 https://therclawgroup.com/?p=1959

I Need To Go Back To Work – What About These Kids?

On May 22, Florida Governor Ron Desantis announced that Florida will be allowing all youth activities, including athletics, child- care centers and camps to reopen. The state will not preempt these rules and will rely heavily upon parents, coaches and physicians to safely monitor these activities. The Florida Department of Health has reported a total of 49, 451 total cases of COVID-19 and 2,190 deaths since the disease was first detected in early March. The Governor cited research stating that children have a decreased risk of contracting and acting as a vector for Covid-19. Desantis also noted that no one under the age of 25 has died of COVID-19 in Florida, although he acknowledged that some children who have become infected, became critically ill. The Governor explained that the opening of youth activities would enable parents to make the best decisions for their individual families. Desantis noted that because the Center for Disease Control has not issued any recommendations specifically for summer camps, camps must independently decide on what measures to adopt in order to create a safe environment. Most camps are expected to require frequent hand-washing, frequent cleaning of camp equipment, prohibition of shared sports equipment, social distancing and the wearing of masks (where practicable for children over the age of two). Miami-Dade, Broward and Palm Beach counties will not open at this time due to a much higher incidence of COVID-19 infections.
Pediatricians have mixed opinions regarding this action. Proponents of the re-openings cite the importance of children socializing with one another and of “letting kids be kids.” Camp owners state that even with camp looking different this summer, an increasing number of parents are calling, eager to resume some form of normalcy. On the other hand, those against camp openings explain that children could infect the people they live with, including the elderly and those with compromised immune systems, stimulating another peak of COVID-19.
Although the Governor stated that it is each parent’s right to decide whether or not to enroll their child in a day care program, the wide spread reopening of child care facilities may result in employers requiring employees to return to their worksites. This will effectively eliminate workers’ ability to receive unemployment benefits and may jeopardize an employee’s job. Under Florida law, only your physician may place or keep you, in a “no work” status. If you are cleared by your doctor to return to work, you are required to make a “good faith effort” to do so. If you fail or refuse to return to work, you forfeit your eligibility for any lost wage benefits under Florida Statutes XXXI § 440.15. Furthermore, if you have been collecting unemployment and are called to work, you must so. A decision to do otherwise is considered as a decision to quit your job. You will no longer be able to collect unemployment benefits.
Fear for their children’s health in day care facilities may prompt many employees to wish to continue working remotely. Employers have unfettered discretion over whether they will allow their employees to tele-commute. If your boss decides that you need to return to your physical place of business, you are required to do so or risk losing your job.
The re-opening of youth activities, including day care facilities and camps, has put concerned parents in a difficult predicament. The Governor has stated simply, “If you don’t feel comfortable doing it (i.e., sending your kids to day-care/camp), then don’t do it.” The issue, however, is rarely simple. Parents are essentially being compelled to return to their work sites or risk losing their livelihoods. All employees and employers should be educated about their options and what the law states when making this decision. It is highly advisable that you speak with an attorney knowledgeable in this area in order to take appropriate action.
]]> https://therclawgroup.com/i-need-to-go-back-to-work-what-about-these-kids/feed/ 0 Back To Work – Now What? https://therclawgroup.com/back-to-work-now-what/ https://therclawgroup.com/back-to-work-now-what/#respond Tue, 06 Dec 2022 10:23:08 +0000 https://therclawgroup.com/?p=1245

BACK TO WORK – NOW WHAT?

For the past eight weeks, businesses have struggled to acclimate themselves to the new normal. With over 41,000 people infected, Florida has suffered greatly. COVID-19 has devastated Florida financially. More than 1 million Floridians have applied for unemployment. With a workforce of a little over 10 million people, Florida suffers 10% unemployment. Those businesses that remain open, now operate the majority of their operations remotely and maintain contact via zoom or other online platforms. The quarantine is not permanent. Businesses will resume their operations and people will return to work alongside their co-workers. The big question employers face is: what form will the workplace take? If you are an employer whose staff is returning to work, it is essential that you know the details of federal, state and district laws:
1. Florida Law:  If some staff return on a part-time basis, they may be eligible to receive certain unemployment benefits. Should the employee earn less than the unemployment benefit, the employee may receive partial payment. 2. Federal Law:  The most significant piece of Federal legislation passed was the Families First Coronavirus Response Act (the “FFCRA”); passed on Apr. 1, 2020). The FFCRA requires paid sick leave under the following circumstances:

  • If the employee is subject to a Federal, State or local quarantine or isolation order related to COVID-19;
  • If the employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19;
  • If the employee is experiencing symptoms of COVID-19 and is seeking a medical diagnosis;
  • If the employee is caring for another individual who is subject to a quarantine order or who has been advised by a health care provider to self-quarantine;
  • If the employee must care for his or her child because the school or place of care has closed, or the child care provider of such child is unavailable due to COVID-19;
  • If the employee is experiencing any condition substantially similar to COVID.
The Families First Corona Response Act has expanded the Family Medical Leave Act (FMLA). Typically, employees are ineligible for FMLA leave until they have worked for an employer for at least 12 months and 1250 hours. Under the FFCRA, employees who have worked for 30 consecutive days, regardless of the number of hours, are eligible for 12 weeks of job protected FMLA leave to care for a child.. The first 14 days of leave are unpaid (although employees may elect to use the 14 days they have under the FFRA). After the first 14 days, employees are entitled to paid leave at 2/3 their regular rate of pay up to $200 per day.
Employers are now permitted to make more probative inquiries into their employees’ health. Under the ADA, employers are typically forbidden to take the temperatures of their employees. During the coronavirus pandemic, however, employers may check the temperatures of their employees and inquire as to whether their workers are experiencing symptoms of the pandemic virus. COVID-19 symptoms include fevers, chills, cough, shortness of breath, sore throat and loss of taste or smell. This information must be maintained as a confidential medical record in compliance with the ADA/FCRA. Should an employee become ill with symptoms of COVID-19, the employer may request that the worker leave.
An employer may require that an employee obtain a doctor’s note prior to returning to work. Moreover, an employer can administer a COVID-19 test. It is highly advisable that the employer review the guidelines from the FDA on safe and accurate testing and consider the incidence of false-positives or false-negatives associated with a given test. While an employer can inform other employees that they have been in contact with someone who has been infected, they cannot disclose the employee’s identity.
Finally, employers can take significant measures to promote a safe workplace for their employees. An employer may require an employee to wear protective gear (such as masks and gloves) and practice infection control protocol (such as hand washing and social distancing). When an employee with a disability needs a reasonable accommodation under the ADA (non-latex gloves for those with allergies, modified face masks for interpreters), the employer should discuss the request and provide the modification or an alternative if feasible and not an undue hardship under the ADA or Title VII.
At least 23 states are partially re-opening their economies as of May 26, despite warnings from public health experts that the U.S. lacks the testing and contract tracing capability to support such measures. The onus falls on each business to take the necessary precautions to protect workers and customers. If you are a business owner, it is critical that you obtain the advice of knowledgeable legal counsel to ensure you that you are doing your utmost to keep employees and customers safe.
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