As cities around the country begin to reopen from the COVID19 shutdown, employers will need to be sure their rehiring process is in line with federal, state, and local law.
When companies are unable to rehire all furloughed employees, they should have a documented, legitimate, and non-discriminatory reason for choosing which employees to rehire or return to work. Rehiring criteria cannot be based on apparent higher risk of COVID-19 complications, but rather be balanced with known issues and valid health and safety protocols.
An employer can rely on a previously completed form I-9 when an employee is rehired within 3 years from the date their Form I-9 was previously completed. As a reminder, beginning May 1, employers must use only the 10/21/19 version of the Form I-9, which expires 10/31/2022. Employees whose employment authorization status hasn’t changed from their previous Form I-9 don’t need to provide additional documentation. Employers will need to provide the rehire date and any name changes in Section 3, sign and date the form.
If an employee is rehired within 1 year, previously accrued and unused paid sick days must be reinstated. Employees must be allowed to use them and begin accruing additional paid sick days. Employers included in a CA local ordinance may be subject to additional requirements.
Employers must provide rehired employees with:
- W4 & DE 4(CA Only) withholding worksheets
- Healthcare Reform Notice
- DFEH-185
- Form DE 2511
- Form DE 2515
- FFCRA Employee Rights
Required forms will depend on employer size at time of hire. Check with your HR partner to be sure you have all required documents included in your new hire packet.
