By Carol Ann Pruitt, HR Consultant, DAS HR Consulting, LLC
Returning employees to the workplace during and after the COVID-19 pandemic will not be as simple as carrying on business as usual. Not only will many workplaces be altered initially, but some changes may be long-term.
Here are some key issues employers will need to understand and prepare for:
1. Workplace safety. Employers will need to ensure their workplaces are as safe as possible. Communicating safety is a top priority will help alleviate fears for employees returning to work.
Safety measures might include:
- Implementing employee health screening procedures
- Providing exposure communications to affected staff
- Providing personal protective equipment (PPE) such as masks, gloves, face shields, hand sanitizer, etc.
- Restricting business travel to essential travel only
- Defining customer and visitor contact protocols such as no handshake greetings, remaining 6 ft. apart, providing contactless pickup and delivery of products
- Understanding and complying with Occupational Safety and Health Administration (OSHA) record-keeping and reporting obligations such as OSHA regulation 29 CFR § 1904 to determine work-relatedness of illnesses
- Recall procedures. Plan for how and when employees will return to work to create an organized and controlled approach.
Things to consider include:
- Creating a plan for employees in high-risk categories for infection to return to work
- Notifying the state unemployment agency of employees recalled to work. This is a state requirement and will help save on unemployment taxes for those who choose not to return to work.
- Employee benefits. Whether employees remained on the employer’s benefits plans or not, certain notices or actions may be required to stay compliant.
Review such issues as:
- Group health insurance eligibility — redetermine waiting-period issues due to leave or reinstatement; review any revised eligibility requirements during the layoff or furlough and determine if those changes will be revoked and when.
- 401(k) or other pension plans — review eligibility issues due to layoff or furlough and understand new IRS guidance on hardship withdrawals for employees affected by COVID-19.
- Paid leave — review required leaves under state or local laws and ensure employees understand the eligibility requirements.
- Compensation. How the disruption has affected compensation policies going forward will need reviewing and communicating to affected staff.
Things to address include:
- How the employer will handle any missed annual pay increases and if those will be applied retroactively
- How incentives/bonuses will be affected
- Remote work. Telecommuting may have proven to work well during the pandemic for some employers and employees. Employers will need to decide if it works for your business going forward.
Actions to consider include:
- Continuing to allow remote work where possible to keep employees safe.
- Responding to employee requests to continue to work from home, including long-term arrangements.
- Reviewing and following DOL guidance on posting requirements in remote settings – several employment laws require you to provide notice to employees about certain rights, usually in the form of posters or other postings in a public area. Employers will need to determine whether or not electronic notices can be used in their workplace.
- New-hire paperwork. – Employees returning to work who remained on the payroll would generally not need to complete new paperwork. However, for those separated from employment, such as laid-off workers, it may be best to follow normal hiring procedures.
- Determine employment application and benefits enrollment requirements for rehired workers.
- Notify state unemployment agencies of recalled workers, whether rehired or not.
- Address I-9 Issues – The Department of Homeland Security (DHS) just extended its more flexible Form I-9 requirements to August 31, 2021, allowing employers to examine documents virtually for employees hired on or after June 1, 2021, working exclusively in a remote setting due to COVID-19-related precautions.
- If I-9’s were completed remotely during the crisis, complete in-person upon return to the workplace.
- Update any expired work authorization documents or make notes of which need updating as soon as new documents are received by the employee.
- Determine if you will have employees complete Section 3 of their original I-9 or complete a new I-9 form.
- Policy changes. It is no longer business as usual, and employers will likely need to update or create policies to reflect the new normal. Some examples include:
- Paid-leave policies adjusted to reflect federal and state requirements
- Time-off request procedures clarified to indicate when time off can be required by the employer should sick employees need to be sent home
- Telecommuting policies detailed to reflect the type of work that can be done remotely and the procedures for requesting telework
- Not COVID-related…but DID YOU KNOW recreational marijuana is now legal in 19 states?
- Employers in these states now need to consider marijuana use in their Drugs and Alcohol in the Workplace policy.
- This may affect pre-employment and random drug testing practices, reasonable suspicion protocols, and rehabilitation programs.
Re: SHRM.org; Carol A. Pruitt (DAS HR Consulting, LLC); DOL.gov
