Return to Work Checklist for Ohio Employers

Considerations for Ohio Employers While Preparing to Bring Employees Back to Work

This is not an exhaustive list. It is an addendum to the Paychex Return to Work Checklist. Employers should consult with their HR professionals or legal counsel, where appropriate, as well as the Ohio Division of Commerce’s Bureau of Wage & Hour Administration and COVID-19 websites.

☑ Consult federal, state, and local guidance and examine timing of re-opening businesses

Ohio’s Director of Health has issued an order allowing restaurants, bars, banquet and catering facilities that have onsite consumption of food, beer, wine, and liquor to re-open for full, dine-in services if all workplace safety standards are met. In mid-June, other larger venues, including casinos and water parks, were permitted to re-open. However, additional order might be issued regarding re-openings and closures.

☑ Determine recall or rehire date of employees?

This will depend on a number of factors including, but not limited to, the specific needs and requirements of a business. This may also impact employers seeking loan forgiveness for their Paycheck Protection Program loan, as well as may establish entitlement to leave benefits under FFCRA. Therefore, determining a recall or rehire date will be dependent on the facts and circumstances of each business.

☑ Understand any applicable federal, state, or local leave laws

☑ Understand the obligations under a collective bargaining agreement (CBA) if you have unionized employees or an employment agreement, for non-unionized employees

Check applicable agreements for specific obligations. For example, a CBA may provide rehire/recall language, including agreed upon factors in order to bring employees back. Most changes will need to be negotiated with the union. For employment agreement obligations, employers should review the contract and, if in doubt, consult legal counsel.

☑If an employee was terminated and signed a separation agreement, check the language to see if the rehire requires an amendment to the separation agreement.

☑Consider providing letter offering return to work or rehire opportunity to employees

Reinstatement, whether from furlough or permanent layoff, and documentation of the employee’s response should be in writing, and documenting offers and rejections may be important for unemployment insurance and for PPP loan forgiveness purposes.

☑ Review and adhere to internal policies and state/local laws on rehiring, if any, to determine any reinstatement of accrued sick leave, PTO, or vacation time, especially if these were not paid out at the time of furlough or layoff.

☑ Consider providing returning employees with the option to complete a new Form W-4 in case the employee wants to make changes upon returning to work.

☑ Explore whether “new hire” employee documents (i.e. employee handbook, handbook acknowledgment, direct deposit, employment agreement, etc.), are required and, if so, properly executed to ensure they are effective.

☑ Does the employee need to update an existing Form I-9 or complete a new Form I-9?

Review information and compliance requirements for Form I-9.

☑ Did employee elect COBRA or Ohio continuation coverage, and what benefits will employee be entitled to upon their return?

☑ Determine status of health plans, cafeteria plans, and fringe benefit plans, such as vision and dental insurance.

☑ Determine implications for 401(k), 403(b), and/or pension plans

☑ Evaluate executive compensation and exempt classification status to determine what, if any, changes are necessary. Also review any applicable employment or severance agreements.

☑ Consider appropriate health and safety requirements under federal, state, and local laws or specific actions taken related to the COVID-19 pandemic

Learn what new supplemental policies on safety are recommended or required to be followed and documented. For example, measures to promote social distancing in the workplace are recommended and safety gear such as masks and gloves may be required to be provided to employees.

Additional considerations as you prepare to return employees to work include applicable wage and hour laws, especially if employees work schedules, pay rates, and classification under state and federal laws.

What Ohio businesses should know:

• payx.me/RTW-checklist-ohio