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FFCRA is gone, but do you still have to pay?

1/20/2021

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California can be a tricky place to do business, but if you know the rules, it does get easier!

For example, the Cal OSHA COVID19 directive from 11/30/2020, Title 8, has a lot of information in there, but something that MIGHT get lost in translation was pointed out by a good friend, and Employment Law attorney.

Did you know this Scenario?
  1. Employee #1 reports to their employer they have COVID19 (but did not get it from work)
  2. Employer does a thorough investigation to determine who worked with Employee #1 from 2 days before to 10 days after the notification (used to be 14 days)
  3. Employer needs to determine if there was 'exposure' as defined as 15 minutes of being in close proximity/within 6' distance in a 24 hour period.
  4. If any employee (not Employee #1) is identified as "exposed" , and you send that employee home to self isolate and get tested for COVID (ie: means they are EXCLUDED from work), THAT employee must have their pay and benefits continue EVEN if they are at home and not working.

Best business practices:
  • Have a separate binder for ALL THINGS COVID19
  • Learn what CalOSHA says: https://www.dir.ca.gov/title8/3205.html
  • Protect employee's identities and health information
  • Document, document, document
  • Follow the guidance of the COUNTY that you live in 
  • Continue to screen & train your staff on COVID19 regularly - don't let it become a taboo topic!
​Most of all, please stay safe!
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