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The FFCRA underwent major changes as the United States House of Representatives limited the availability of 12 weeks of paid family leave only to parents who are at home with children whose schools have closed.  Another major change states small businesses (those with under 50 employees) and many health care providers are now exempted from paying sick leave due to the financial burden it imposes.  This has not passed the Senate nor put/signed in to law by the President, and thus, we anticipate additional changes before this happens.  Check back for updates as we continue to follow this bill’s progress and do not hesitate to contact our firm if you have any questions.

The United States House of Representatives passed the preliminary version of the Families First Coronavirus Response Act or the FFCRA.  The Act has not been addressed by the Senate or signed by the President, but is expected to pass through each hurdle quickly.

Here is a breakdown of what the FFCRA does:

• Mandates paid leave through the Emergency Paid Sick Leave Act (EPSLA).
• Amends the Family and Medical Leave Act (FMLA) to allow additional leave (paid and unpaid) when used for a “public health emergency,” as defined by the FFCRA.
• Provides Employers with significant federal tax credits related to wages paid for the above-described sick leave.
• Provides additional paid leave on top of any paid leave already offered by the Employer.
  • Note: Employer may not require employees to use all Employer-provided sick leave or paid time off (for those that do not offer sick leave but only offer paid time off), before using emergency sick leave time under the FFCRA.

What Employers need to do under the FFCRA:

• Provide paid sick leave to any Employees that are not working for any of the following reasons, through December 31, 2020:
  • Self-isolation due to a novel coronavirus diagnosis.
  • Receive testing or see a doctor to obtain a diagnosis – related to the novel coronavirus.
  • Comply recommendations of medical professionals or public officials stating the Employee’s physical presence at the place of employment would risk the health of others because:
    • The Employee was exposed to the novel coronavirus.
    • The Employee exhibited symptoms of the novel coronavirus.
  • To provide care for sick family members who:
    • Are self-isolating due to a novel coronavirus diagnosis.
    • Following the recommendations of a medical professional or public official after being exposed to or is exhibiting symptoms of the novel coronavirus.
  • To care for children if their “school or place of care” has closed or childcare is unavailable due to the novel coronavirus.
• Pay employees who take leave at the “regular rate” of pay.
  • Regular rate for hourly employees is the hourly rate paid for all non-overtime hours worked in a workweek to include: bonuses, commissions, other compensation received.
  • Regular rate for salaried employees, this is their standard weekly salary.
• Post and keep posted the notice regarding emergency paid sick leave.  This will be issued by the Department of Labor shortly.

What are Employees entitled to?

• Full-time Employees = 80 hours of emergency sick paid leave.
• Part-time Employees = Average number of hours worked over a two-week period.
• Note: There is no mandatory length of employment for these requirements.

FMLA Expansion:

• Employees are able to take 12 weeks of “public health emergency leave” to address or comply with:
  • The recommendation of a doctor or public official regarding:
    • Exposure to or exhibited symptoms of the novel coronavirus.
    • The inability to perform functions of their job due to compliance with the above-referenced order.
  • Employers may choose not to pay an employee for the first 14 days of “public health emergency leave.”  Employers may choose to substitute accrued vacation days, sick days, or paid time off (PTO) during this leave.
    • The two weeks provided by the FFCRA can be used for this period if it would otherwise be unpaid.
  • Employers must pay for any leave beyond 14 days that qualifies under the FFCRA.  This can be paid at a rate of no less than two-thirds (2/3) of the “regular rate” for the “number of hours normally scheduled.”
  • Expands the number of employees eligible for other types of leave under the FMLA.
  • Employees only need to work for the Employer for 30 days at the time the leave begins to be eligible for these benefits.
  • All Employers with less than 500 employees must
    • Except for small business with less than 50 employees “when the imposition of the requirements would jeopardize the viability of the business as a going concern.”
  • Employers that employ less than 25 employees do not need to restore an employee to their job after a “public health emergency leave” if:
    • The position no longer exists due to economic conditions or other operating conditions of the Employer.
    • The Employer made reasonable efforts to restore the employee to an equivalent position.
    • The Employer’s effort fails but reasonable efforts are made to contact the employee once a similar positions becomes available the following year.

For more information please follow the link: https://www.congress.gov/bill/116th-congress/house-bill/6201/titles.

If you have questions, please contact our office.

Mustafa-Green v. Birchwood Rehab Ctr. – LIRC

Decided September 30, 2019.

Facts: Applicant alleged a low back injury and claimed a subsequent fusion was due to a work-related injury. She had three low back MRIs done prior to the surgery, and each showed a normal low back. Applicant’s doctor recommended surgery based on discogram findings, not the MRIs.

Decision: The three MRIs done prior to surgery showed no objective evidence for the alleged pain or claimed fusion surgery. Discograms are problematic when used as the sole source of diagnosing low back injuries or pain. Therefore, LIRC denied compensability based on the MRI findings.

Mueller v. LIRC  – Court of Appeals

Decided August 27, 2019, published.

Facts: Applicant sustained compensable shoulder injury while employed by Ashley furniture.  Was put on light duty after surgery, and subsequently resigned while on light-duty, reporting that she intended to retire.  Ashley stopped paying wages & TPD.  Applicant re-applied for employment with Ashley, but was not re-hired.  Had second shoulder surgery, which Ashley paid medical expenses, but not temporary disability.  During the healing period, Applicant obtained a part-time job as a restaurant server.  Ashley paid the PPD related to the shoulder surgery after Applicant reached EOH.

Issue:  Applicant claimed she was entitled to temporary disability for the period beginning with her retirement date through the end of healing after her second shoulder surgery.

Decision: LIRC determined App re-entered the labor market without the intent to work more than part-time.  Thus, any wage loss sustained was not due to the injury, but instead Applicant’s desire to work less-than-full-time hours.  “Simply put, an Employee who retires for reasons entirely unrelated to his/her injury cannot make such a showing because the Employee’s wage loss was caused by the Employee’s choice to voluntarily retire”. Mueller v. LIRC at 25.

Oja v. M.A.D. Enterprises, decided September 19, 2019.

Facts: A hearing was held before an ALJ. That ALJ left the Department before issuing a decision. A second ALJ issued a decision, but had not participated in the hearing. Respondents alleged the decision was a denial of due process because the ALJ who issued the decision did see or hear any testimony.

Decision: If a hearing is conducted, but the ALJ leaves before issuing a decision, a new hearing must be conducted to afford the deciding ALJ the opportunity to develop an impression as to the credibility of the testimony.

Gordon v. Tradesmen Int’l, Inc., decided September 5, 2019.

Facts: Applicant had a prior slip and fall that resulted in a low back injury. He reached an end of healing. Four years later, he brought a permanent total disability claim citing the low back injury and a subsequent fusion surgery. His doctor completed a WKC-16-B and marked “yes” to all three causation boxes (traumatic injury, precipitation/aggravation/acceleration, and occupational exposure) and provided no explanation for his opinion nor the decision to move forward with surgery.

Decision: LIRC did not credit Applicant’s doctor for this reason and further stated his opinions did not explain how a work injury, that Applicant healed from, resulted in the need for a fusion. Instead, LIRC found Respondent’s IME credible because the surgery was directed at a preexisting condition; and therefore, not work-related. Applicant’s doctor’s failure to explain how a work injury that Applicant healed from resulted in a surgery four years later discredited his opinion. Additionally, checking all boxes on the WKC-16-B without explanation was also viewed negatively.

MIAA Casino Night – January 17, 2020
Milwaukee Marriott Downtown
323 E. Wisconsin Avenue, Milwaukee, WI 43202

Registration: 6:30pm – 7:00pm
Cocktails & Hors d’oeurves: 6:30pm
Gaming & DJ/Dancing: 7:00pm
___________________________________

FREE for claim adjusters and Casino Night event sponsors.
Guests are able to attend for $25.00 ($30 at the door)
Non-Sponsor Vendor Cost: $50.00 per person.

Hotel Room Reservations: https://book.passkey.com/e/49978645
Discounted rate available through January 10th

PLEASE REGISTER/RSVP BY: January 9th, 2020
Email RSVP to: [email protected]