Request a call Login

  • As Covid-19 becomes less prevalent across the country, states and localities are backing off employers’ requirements to provide their employees with paid leave if they have COVID-19 or symptoms. While not all employers were required to provide paid leave to their employees for having COVID-19 in the very beginning, the Families First Coronavirus Response Act (FFCRA) set rules in place. The FFCRA required certain employers to provide employees with paid sick leave or expanded family and medical leave for specified reasons related to COVID-19.

    As deaths and hospitalizations are declining significantly, the rules and regulations have also dropped. Five states and Washington, D.C., were locations that had laws in place but have expired and are no longer effective. However, Arizona, Colorado, and New Jersey are the only states that still require paid leave for COVID-19. In addition, the following still require employers to provide paid time off for employees to get themselves or their children vaccinated for COVID-19:

    • Nevada
    • New York
    • Washington, D.C.

    In addition, cities in California, such as San Francisco and Los Angeles, have mandates in place but will expire by the end of February.

    What Employers Should Know

    As we’re approaching the third year of COVID-19, it’s essential that you stay aware of changing laws and regulations. Although COVID-19 hasn’t been much of a concern these days, you must ensure you have rules in place regarding the safety of your employees. The goal of the COVID-19 leave requirements was to ensure your employees felt safe, and if they felt sick, they shouldn’t risk coming to work and exposing themselves to others. While state laws are backing off mandates for paid sick leave, business owners can certainly have their own rules in place. If you want to add extra sick days designated for COVID-19, you can do that. In fact, 25% of employers modified their paid sick leave or time off plans to accommodate the pandemic.

    Despite the spikes and declines of COVID-19, this is the time for you to remain on top of ever-changing laws and regulations during these unprecedented times. If you’re in one of the states previously mentioned, it’s vital that you understand the laws and what you’re required to do as an employer. In addition, consider how the rules interact with FMLA leave, state and local paid-sick-leave laws, and other time-off benefits.

    GMS Is Here To Save The Day

    We’ve all been working together trying to combat these unprecedented times. At GMS, we understand the effects COVID-19 has on businesses, especially small businesses. We’ve partnered with over 2,000 clients and work with them daily to ensure they are on top of all of the changing laws and regulations. When the pandemic hit hard in 2020, we worked with our clients to ensure they had a workplace policy to ensure their employees’ safety. Three years later, we can still help in those efforts. Whether it’s working with small business owners to create an employee handbook that explicitly states what happens when you test positive for COVID-19 or our benefits experts working with you to enhance your benefits offerings, we do it all. Allow GMS to take the administrative burdens off your shoulders. Contact us today to get started!

  • The Illinois legislature passed the Paid Leave for All Workers (PLFAW) Act on January 10th, 2023. The passing of this law makes Illinois the third state in the U.S. to require private employers to provide earned paid leave to employees to be used for any reason. Maine and Nevada are the other states who have implemented similar laws.

    The act will take effect on January 1st, 2024, and will provide nearly all Illinois employees with a minimum of 40 hours of paid leave or a pro-rata number of hours throughout a 12-month period. Leave accrues at the rate of one hour of paid leave for every forty hours worked. In addition, the law will consider exempt employees to have worked 40 hours in each workweek for purposes of the PLFAW Act accrual unless their regular workweeks are less than 40 hours. It permits employees to use their leave after 90 days on the job unless an employer allows them to utilize leave earlier. Employers can set a minimum increment of no less than two hours per day.

    The PLFAW Act does not require employees to provide a reason to their employer for taking leave. Employers will not be permitted to require documentation or certification of the need to take this leave. However, employers may require their employees to give at least seven days’ notice of foreseeable leave if they have a written policy that outlines the notice requirements and procedures. Foreseeable leave can include the following:

    • Expected birth
    • Placement for adoption or foster care
    • Planned medical treatment for a serious health condition of an employee or family member
    • Planned medical treatment for a serious injury or illness of a covered service member

    Employees must provide notice of leave as soon as possible if leave is foreseeable.

    Additional Considerations You Should Be Aware Of

    Leave under the PLFAW Act will be paid at the employee’s hourly rate of pay for the hours of paid leave they take. If you have employees who make tips and commissions, they must be paid at least the full minimum wage for the jurisdiction, or their hourly rate, whichever is higher. Any unused accrued leave will carry over every year; however, employers will not be required to provide more than 40 hours of paid leave for an employee in the 12-month period. Should you allocate the 40 hours upfront, you will not be required to carry over unused paid leave for the following 12-month period.

    As with many aspects of running a business, you must keep records documenting the following under the PLFAW Act:

    • Hours worked
    • Leave accrued and taken
    • Remaining paid leave balances

    These records should be kept for at least three years and allow the Illinois Department of Labor (IDOL) to have access to these records. If you don’t comply with the recordkeeping requirements, employers can face penalties of $2,500 per offense. Finally, employers must post a notice summarizing the requirements of this act. This should be posted in a common area where other workplace posters are hung. Should you not comply with the posting requirements, employers can face a penalty of $500 for the first violation and $1,000 for any other violations.

    The law does not apply to the following:

    • School districts or park districts
    • Students employed on a part-time or temporary basis by the college or university they attend
    • Short-term employees of higher education institutions who are employed for less than two consecutive calendar quarters during a calendar year without a reasonable expectation that they will be rehired in a subsequent year
    • Employees working in the construction industry are covered by a bona fide collective bargaining agreement
    • Employees covered by a bona fide collective bargaining agreement with an employer that provides national or internal services of delivery, pickup, and transportation of parcels, documents, and freight
    • Employers covered by municipal or county ordinances in effect on January 1st, 2024, that provide for paid leave or paid sick leave

    Start Preparing Now!

    While a year may seem like a long time to get ready to ensure you comply with the new law by January 1st, 2024, it’s essential that you start preparing now. This will be a significant change for most business owners in Illinois. With ever-changing rules and regulations, it’s vital that you remain compliant. When you partner with GMS, we ensure you comply with all federal and state laws and regulations. In addition, when providing your employees with paid time off (PTO), we work with you to create a program that ensures your employees feel heard and valued. Allowing employees to take time away from work is essential to create a productive workplace.

    Lisa Dassani, GMS’ Internal HR Manager, reflected, “Research consistently shows the health benefits of taking time off, such as improved productivity, reduced levels of unscheduled absenteeism, lowered stress levels, and improved mental health. Time off helps employees reset, which in turn, results in fewer errors on the job. We encourage our employees to take time off and even require that they take at least two weeks off per year. GMS offers unlimited PTO to employees that have reached their fifth year anniversary.”

    Contact us today to learn more.