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Special shift assignments can affect FMLA's 'hours worked' component

July 2021 employment law letter
Authors: 
Jo Ellen Whitney, Dentons Davis Brown

As the chaos of the COVID-19 pandemic begins to wind down, many employers are failing to find enough workers to fill open positions as they ramp up production and expand business hours. Consequently, they're exploring alternative solutions to recruit and retain employees. Read on to learn how one employer's move to offer shift differentials interplayed with the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA).

Looking for ways to incentivize workers

Iowa's employee recruitment and retention problems didn't start with COVID-19. The state has experienced low unemployment for several years, and many employers have difficulty filling positions.

Politicians are trying to help. Governor Kim Reynolds recently announced the state is ending participation in the federal supplements to unemployment compensation effective June 12, 2021. In addition, as of the following day, "Iowa will no longer waive employer charges for COVID-related unemployment insurance claims."

Employers also have adopted a wide array of programs to both find and retain employees. For certain hard-to-fill shifts or roles, they may offer bonus payments directly linked to the shift and regular ongoing attendance in the slot.

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