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Monday HR Minute: Reopening Checklist & COBRA
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Coronavirus Workplace Checklist & New Rules for Benefits

As state, local, and municipal governments take steps to reopen businesses across the country, employers are taking a fresh look at their physical workspace, their workplace practices, and their communication and training of employees in order to protect against the spread of the coronavirus and to protect their employees and clients. 
 
Checklist
Affinity HR has created a checklist for employers to consider when planning to reopen, or for those businesses who have remained open under an “essential business” classification. This checklist serves to provide some ideas, resources, and reminders on how to improve the level of safety and protection in your workplace. To view the checklist and/or to download a PDF version, click here.
Emergency Paid Family Leave
As daycare facilities open up and as school years come to an end, employers must revisit the leave requests of those out on EPFL to care for a child whose schooling or daycare was closed due to the coronavirus.  New documentation should be obtained and leave forms updated to demonstrate how daycare provisions and how family childcare provisions planned for the summer months have been disrupted by the pandemic.  
 
Changes to COBRA and FSA’s
The IRS and DOL have recently released notices changing certain rules for employer-sponsored health plans.  Some major provisions are:

Benefit Plans – COBRA: In a joint statement, the DOL and IRS announced several changes to COBRA timing and process. For these provisions, the agencies defined the “Outbreak Period” as beginning March 1, 2020, and ending 60 days after the end of the declared COVID-19 emergency.

Election Period:  Under the new rule, the 60-day timeframe to elect coverage does not start until after the end of the Outbreak Period.

Premium Payment Period: The new rule extends initial and monthly payments deadlines beyond the Outbreak Period so an employee can pay COBRA payments due beginning in March until 30 days after the Outbreak Period without cancellation of coverage.

Notices: Employers must still provide employees with the COBRA election notice within 14 days from the date of the COBRA-qualifying event. However, employers will need to make adjustments to reflect the new changes.

Benefit Plans – Mid-Year Elections and Changes: The IRS announced new flexibility regarding mid-year elections and changes for group health plans and FSA’s, allowing employers the option to let employees enroll in employer-sponsored health plans during the plan year through a new election and switching plans, coverage, or tiers within plans they are already enrolled in.

FSA – Enrollments and Elections: The IRS stated that employers may choose to allow employees to enroll in or drop coverage as well as increase (up to annual limit) or decrease payroll-deducted contributions for health and dependent care FSA’s during 2020. Depending on the structure and timing of the FSA, employers may also elect to allow employees additional time to use FY 2019 FSA balances which were carried over into FY 2020.

FSA – Carryover Limits: In Notice 2020-33, the IRS increased the amount of funds employees could carry over without penalty at the end of the year if their plans offer a carryover option. This amount is now $550, increased from the previous $500.

Employers should contact their plan administrators to learn more about their options and obligations due to these and other provisions and changes under COBRA, ERISA, and other related regulations.

Should you need any assistance or advice as you manage your workplace in the midst of the coronavirus, don’t hesitate to contact us at Affinity HR Group. It is our purpose to help you.
The Monday HR Minute, brought to you by the Wallcoverings Association and its human resources partner Affinity HR Group, is designed to provide you with practical, applicable human resources and management advice and information in a format that will take you 60 seconds or less to read.  We believe that by dedicating just one minute a week to thinking about people management practices, business owners and managers can make enormous strides in improving workplace performance.
Affinity HR Group is a full service human resources consulting firm that specializes in advising small and medium-sized enterprises. Our services include recruiting and selection, HR policies and compliance, ad hoc HR support, compensation and performance management, and training and development. As an endorsed HR partner of WA, Affinity HR Group offers the association's member companies free initial consultations and discounted services.
 Email us at contact@affinityhrgroup.com or call 877-660-6400.
 
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This e-mail may contain general information about legal matters. Affinity HR Group does not provide legal counsel. The information provided should not be considered legal advice and should not be relied on as an alternative to legal advice from your attorney or other professional legal services provider. If you have any specific questions about this content or any legal matter you should consult your attorney or other professional legal services provider.
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