Department of Labor Issues Guidance on COVID-19 and the FMLA


The U.S. Department of Labor has issued Q&As on the federal Family and Medical Leave Act (FMLA) and COVID-19 (the disease caused by the new coronavirus) and other health emergencies. The Q&As explain that under the FMLA, covered employers must provide eligible employees with job-protected, unpaid leave for specified family and medical reasons, which may include the flu where complications arise. Employees on FMLA leave are entitled to the continuation of group health insurance coverage under the same terms as before they took leave.
Implementation of Mitigation Strategies for Communities with Local COVID-19 Transmission

This is a 10-page guide with easy-to follow tables and graphics from the Centers for Disease Control, covering Background, Goals, and Guiding Principles, with tables and appendices to help fully clarify factors to consider for implementation of mitigation strategies.
Protect yourself and your community from getting and spreading respiratory illnesses like coronavirus disease 2019. Everyone has a role to play in getting ready and staying healthy.

COVID-19 Officially a Pandemic

The World Health Organization (WHO) officially declared COVID-19 a pandemic, increasing the severity from an “outbreak.”
How Far Has COVID-19 Spread?
This announcement comes as more than 120,000 cases of COVID-19 have been reported worldwide, with over 4,000 deaths.
In the United States alone, there have been over 1,000 confirmed cases and at least 30 deaths attributed to COVID-19.
What’s Being Done to Stop It?
At least 114 countries have been affected so far, with some taking drastic steps to contain the disease. Italy is experiencing a nationwide lockdown; China is quarantining entire regions; and Canada is planning to spend billions to fight it.
Experts cannot predict how bad the situation will become, but it’s already shutting down major events and sending the stock markets plummeting. Many schools and universities are extending breaks or holding remote classes only; major festivals like Coachella and SXSW are being canceled; and presidential nominees are canceling events and rallies.
Until the disease gets under control, these disruptions are likely to continue.
What’s Can Employers Do?
Guidance for employers will vary depending on the situation. Many retailers and employers relying on face-to-face interactions will likely be disrupted by both limited customers and sick employees.
Many organizations are considering telecommuting options, such as having employees work from home for extended periods. Employers that don’t have such options are thoroughly communicating best practices for avoiding the disease, like proper handwashing and staying home if sick.
More than 120,000 cases of COVID-19 have been reported worldwide, with over 4,000 deaths. The disease is affecting at least 114 countries.
According to the Centers for Disease Control and Prevention (CDC), the best way to prevent infection is to avoid being exposed to the virus.
Visit cdc.gov for more information about COVID-19 and ways to prevent its spread. Speak with Evolution of Benefits for other resources to help contain the pandemic.
March – Live Well, Work Well

Eating Healthy Doesn’t Have to Be Expensive
Eating a well-balanced diet is a key component of living a long, healthy life. Many Americans think that eating healthy means they have to empty their wallets, which isn’t necessarily the truth. Keep the following money-saving tips in mind next time you’re grocery shopping:
View and download the March “Live Well, Work Well” newsletter
March HR Brief

- DOL Adopts New Joint Employer Determination Test
The U.S. Department of Labor (DOL) recently announced a new four-factor balancing test to determine whether two or more organizations should be considered “joint employers” under the Fair Labor Standards Act (FLSA). The final rule establishing the new test becomes effective March 16, 2020
- DOL Increases Civil Penalty Amounts for 2020
The DOL recently released its 2020 inflation-adjusted civil monetary penalties that may be assessed on employers for violations of a wide range of federal laws, including:
- • The FLSA;
- • The Employee Retirement Income Security Act (ERISA);
- • The Family and Medical Leave Act (FMLA); and
- • The Occupational Safety and Health Act (OSH Act).
To maintain their deterrent effect, the DOL is required to adjust these penalties for inflation, no later than Jan. 15 of each year. Key penalty increases include the following:
March Benefits Buzz

- Supreme Court Declines to Expedite ACA Case
The lower court’s ruling is expected to ultimately be appealed to the Supreme Court, and a final decision is not expected to be made until that time. It is likely that any ruling eliminating the ACA will be stayed pending appeal.
- HHS Increases Civil Penalties for HIPAA Violations
HHS is required to adjust these penalties for inflation each year to improve their effectiveness and maintain their deterrent effect. The new penalty amounts are effective for penalties assessed on or after Jan. 17, 2020.
2020 HIPAA Civil Penalties
HHS may assess civil penalties when it discovers a HIPAA violation. The penalty amount depends on the facts involved.
National Colorectal Cancer Awareness Month

Colorectal cancer is one of the leading causes of death in the United States. It affects all races and genders, but it’s especially threatening for those ages 50 and older. The good news is that regular screenings can help prevent the majority of cases. Unfortunately, many people don’t get screened or don’t know what to look for.
February Benefits Buzz

- Cadillac Tax and Other Key ACA Taxes Repealed
- PCORI Fees Extended for 10 Years
February HR Brief

DOL Updates Regular Rate of Pay Rules
The U.S. Department of Labor (DOL), announced a new final rule that clarifies how to calculate an employee’s regular wage rate under the Fair Labor Standards Act (FLSA). The final rule became effective on Jan. 15, 2020.
Calculating the regular rate is an essential first step when determining an employee’s overtime compensation.
A New Year, a New Form W-4
The IRS released an updated version of its Form W-4, also known as the “Employee’s Withholding Certificate.”
February – Live Well, Work Well

It’s American Heart Month: What You Need to Know About Heart Disease
Heart disease is the leading cause of death for both women and men in the United States, causing about 647,000 deaths annually, according to the Centers for Disease Control and Prevention (CDC). Heart disease is also an extremely expensive disease—costing the United States about $207 billion annually in health care, medications and lost productivity.
American Heart Month, organized by the American Heart Association (AHA), is designed to raise awareness about heart disease and how people can prevent it. Here are tips that may help prevent heart disease:
View and download the February 2020 Live Well Work Well newsletter