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Ver 1.3
August 6 , 2020
2 . If a dental practice closes ( temporarily or permanently ) while an employee is on paid leave under the FFCRA , what happens ?
If a dental practice closes while an employee is on paid leave under the FFCRA , the dental practice must pay for any paid sick leave or expanded family and medical leave the employee used before the Practice closed . As of the date the dental practice closes , the employee is no longer entitled to leave under the FFCRA . This is true whether the closure is due to lack of business or a required closure pursuant to a Federal , State or local directive .
3 . Do any laws apply to the temporary or permanent shutdown of a dental practice or layoff of dental practice employees ?
Yes . Certain laws may apply to employers with 50 or more full-time employees who layoff or permanently shut down a work site . We recommend consulting with legal counsel before taking these actions .
4 . Are there ways for an employer to manage its workforce other than through terminations ?
Yes . While terminations are one method to handle the current crisis , it is certainly not the only one . A dental practice could creatively manage its workforce through a combination of hours ’ reductions , wage reductions , and furloughs ( temporary layoffs ). Furloughs can occur on a periodic basis and do not necessarily need to occur in large blocks . A dental practice could also move toward a rotating staff ( for example , two weeks on two weeks off ).
5 . How must a furlough or reduction in hours be communicated to employees ?
It must be communicated to employees that the furlough or hours reduction is temporary and that the intent is for the employees to return to their jobs and / or regular work schedule on a definite date . The furlough or hours reduction must not extend beyond six months . Furloughs or hours reductions extending beyond six months may trigger plant closing notification laws for covered employers ( see # 3 above ).
6 . Can a dental practice reduce an exempt employee ’ s salary if the exempt employee ’ s hours are reduced ?
An exempt employee ’ s salary can be reduced on a prospective basis provided that the change in salary is a bona fide change and intended to be permanent or long-term and the employee continues to receive a salary that meets the minimum requirements for the applicable exemption . Short-term , day-to-day , or week-toweek adjustments will result in a loss of the exemption .
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