Cutting Edge September 2020

Cutting Edge,

News and Ideas to Keep Your Business on
The Cutting Edge
September 2020
Important News for Ohio Members:
Another BWC Billion Back Dividend Rebate Proposed
Ohio Governor DeWine has asked the Bureau of Workers’ Compensation (BWC) Board of Directors to send up to $1.5 billion in dividend payments to Ohio employers this fall. This dividend equals approximately 100% of the premiums paid in policy year 2019. (This would be January 1, 2019 to December 31, 2019 for public employers and July 1, 2019 to June 30, 2020 for private employers.) Dividends like this, as well as previous ones, are possible because of strong investment returns on employer premiums, a declining number of claims each year, prudent fiscal management, and employers who work hard to improve workplace safety and reduce injury claims.
 
If approved by the BWC’s Board, this would be the second dividend of $1 billion or more since April and the third dividend since 2019. BWC anticipated providing a dividend next year, but with Board approval, they will issue one now to provide some immediate economic relief to employers amid the ongoing pandemic. Checks would be distributed by BWC in late October. Employers who did not complete their 2019 policy year True Up may be ineligible to receive this Billion Back Dividend. The deadline to complete the private employer True Up and pay any additional premiums owed was August 15, 2020. Private employers who have not completed their 2019 True Up should do so immediately in order to comply with the BWC’s limited grace period.
Provide FFCRA Leave Even in Negative Cases?
Question
We have many employees who have figured out that some doctors will write 14 day quarantine notes, even after they test negative for COVID. The employee goes to the provider, tells them they've been exposed to COVID, the doctor tests them, they come back negative, but then the doctor writes a 14 day quarantine order anyway and the employee submits that for FFCRA sick time. I don't see a way around this due to how the law is written, but it is getting very over-abused. Are we correct that we must provide the FFCRA leave whenever a doctor note advises it even in negative cases?
Answer
As you are likely aware, the federal Families First Coronavirus Response Act (FFCRA) provides up to two weeks/80 hours of paid time off (up to certain maximum amounts) if an employee is unable to work or telework because he or she:
  1. is subject to a federal, state or local quarantine or isolation order related to COVID-19;
  2. has been advised by a health care provider to self-quarantine due to COVID-19 concerns;
  3. is experiencing COVID-19 symptoms and seeking medical diagnosis;
  4. is caring for an individual subject to a federal, state or local quarantine or isolation order or advised by a health care provider to self-quarantine due to COVID-19 concerns;
  5. is caring for the employee’s child if the child’s school or place of care is closed or the child’s care provider is unavailable due to public health emergency; or
  6. is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services in consultation with the Secretary of the Treasury and the Secretary of Labor.
Read the full answer here.
(Source: Federated HR Question of the Month, Aug. 2020)
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