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Coronavirus: Get complete details about the university's response to COVID-19.

Division of Human Resources

Emergency Paid Sick Leave and Emergency FMLA

The Families First Coronavirus Response Act (FFCRA) takes effect April 1, 2020 and assists employees impacted by COVID-19. The FFCRA includes two forms of paid leave for employees: Emergency Family and Medical Leave (EFMLA) and Emergency Paid Sick Leave.
 

Emergency Paid Sick Leave Act

Provides up to 80 hours of paid sick leave for employees who are unable to work from home and who meet one of six qualifying reasons related to COVID-19.

All employees, including employees who do not currently earn leave, are eligible from their first day of employment. This includes temporary, research grant, time-limited and student employees.

Emergency sick leave is provided if an employee is unable to work or work from home for one or more the following reasons:

  1. The employee is subject to a Federal, State, or local quarantine or isolation order related to COVID–19.
  2. The employee has been advised by a health care provider to self-quarantine due to concerns related to COVID–19.
  3. The employee is experiencing symptoms of COVID–19 and seeking a medical diagnosis.
  4. The employee is caring for an individual who is subject to an order as described in paragraph 1 or has been advised as described in paragraph 1.
  5. The employee is caring for a son or daughter of such employee if the school or place of care of the son or daughter has been closed, or the childcare provider of such son or daughter is unavailable, due to COVID–19.
  6. The employee is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services in consultation with the Secretary of the Treasury and the Secretary of the State.

Full-time employees (those who are regularly scheduled to work 37.5 or 40 hours per week) are entitled to 80 hours of paid leave.

The Emergency Paid Sick Leave Act requires that paid sick leave be provided for the hours the employee would have been normally scheduled to work even if that is more than 37.5 or 40 hours in a week. For example, an employee who is scheduled to work 50 hours a week may take 50 hours of paid sick leave in the first week and 30 hours of paid sick leave in the second week.

In any event, the total number of hours paid under the Emergency Paid Sick Leave Act is capped at 80.

Part-time employees, including employees in part-time FTE positions, are entitled to paid leave equal to the average number of hours that an employee works over a two- week period.  Hours worked will be determined based on average number of hours worked each week over the past six months.

In order to determine the number of hours for which you are qualified you will need to submit a request for emergency paid sick leave.  To submit your request, log in to Employee Self Service in the HR/Payroll system and click on the COVID-19 tile.

If leave is taken for any of the first three qualifying reasons, the employee is paid their regular rate of pay up to $511.00 per day or $5,110 in the aggregate.

If leave is taken for any other eligible reason (reasons four through six), the employee is paid 2/3 of the employee’s regular rate of pay up to a maximum of $200 per day and $2,000 in the aggregate.

In order for the university to accurately track Emergency Paid Sick Leave, including the number of hours of leave for which you qualify, all employees must first request leave.  Once your request has been processed you and your supervisor will receive notification of approval.

To request leave:

1. Log in to Employee Self Service in the HR/Payroll system and click on the COVID-19 tile.

2. Follow these instructions to submit your request for Emergency Paid Sick leave.

 
Employees who enter leave time on a bi-monthly basis should use the "GOVPAYEMLEAV-Government paid emergency leave" code in iTAMS to record Emergency Paid Sick Leave.

Employees who enter time worked and leave time on a weekly basis should use the "GOVPAID-EMLV-Government paid emergency leave" code in iTAMS to record Emergency Paid Sick Leave.

For step by step instructions for how to use the ITAMS leave calculator, please visit the Payroll website

Yes, leave under the Emergency Paid Sick Leave Act can be taken on an intermittent basis.  If an employee is unable to work their normal schedule of hours due to one of the qualifying reasons they may take emergency sick leave in less than full-day increments.

Employees do not have to use other paid leave before they use paid leave under this Act. The employee may, however, choose to use other paid leave available prior to or instead of the leave provided under the Act.

Employees who are working remotely full time do not need to use emergency paid sick leave.  Emergency paid sick leave should only be used if an employee is unable to work due to one of the six qualifying reasons.

You are unable to work if your employer has work for you and one of the COVID-19 qualifying reasons prevents you from being able to perform that work, either under normal circumstances at your normal worksite or by means of telework.

If you and your employer agree that you will work your normal number of hours, but outside of your normally scheduled hours (for instance early in the morning or late at night), then you are able to work and leave is not necessary unless a COVID-19 qualifying reason prevents you from working that schedule.

No, The total number of hours of emergency paid sick leave is capped at 80 hours.

Full time employees may take up to 80 hours and part-time employees may take up to the number of hours equal to the average number of hours they work over a two-week period for any combination of qualifying reasons.

No.  Emergency Paid Sick Leave cannot be provided retroactively.

No. Qualifying leave may be used at any time between April 1 and December 31, 2020, but paid leave provided under the Act does not carry over from year to year.

Employees are entitled to continued group health coverage, including any family coverage in which they are enrolled, while on emergency paid sick leave on the same terms as if they continued to work. The employee must continue to make any normal contributions to the cost of health coverage.

Not through the university. External dual employees have another state agency as their primary employer.  Benefits under the FFCRA must be requested through their primary employer

No. Employees who work on an as-needed basis and are not scheduled to work do not qualify for emergency paid sick leave.

No, but they must be someone with whom you have a relationship and for whom there is an expectation that you would care for them in a quarantine or self-quarantine situation.

You may only take paid sick leave under qualifying reason #4 to care for an individual who genuinely needs your care. Such an individual includes an immediate family member or someone who regularly resides in your home. You may also take paid sick leave to care for someone if your relationship creates an expectation that you would care for the person in a quarantine or self-quarantine situation, and that individual depends on you for care during the quarantine or self-quarantine.

You may not take paid sick leave to care for someone with whom you have no relationship. Nor can you take paid sick leave to care for someone who does not expect or depend on your care during his or her quarantine or self-quarantine.

Closure is defined  as not having the ability to attend.  If a school offers the choice of in-person vs. virtual, then the school is not closed on the days when your child is allowed to attend school.

For example, if you are allowed to send your child for in-person instruction on Monday, Wednesday and Friday, the school is not closed and you are not entitled to FFCRA leave for those days, even if you elect to keep your child home. If your child is not permitted to attend certain days due to staggering of schedules, such as Tuesday and Thursday in this example, you would be eligible for FFCRA leave on those days if you cannot work from home.

Employees can qualify for both types of leave.  Emergency paid sick leave can be used to cover the first ten days of EFMLA.

Employees may take both emergency paid sick leave and expanded family and medical leave to care for a child whose school or place of care is closed, or childcare provider is unavailable, due to COVID-19 related reasons. The Emergency Paid Sick Leave Act provides for an initial two weeks of paid leave. This period covers the first ten workdays of EFMLA.  After the first ten workdays have elapsed, the employee will be paid under the terms of the EFMLA for up to ten additional weeks.

Employees are limited to a combined total of twelve weeks of leave taken under the EFMLA and FMLA during the calendar year.  If an employee has already taken 12 workweeks of FMLA leave during the applicable 12-month period, they may not take additional leave under the EFMLA.

Employees who earn leave may also use any accrued compensatory time, annual leave or regular sick leave to cover time they are unable to work. Additionally, employees who earn leave may request an advancement of sick leave or request leave from the university leave transfer pool.

Employees who have exhausted all leave, will need to be placed on leave without pay. Employees should contact their supervisor or HR Contact to facilitate this action.

Yes. Employees who are working a reduced schedule due to COVID-19 must use paid or unpaid leave for time not worked. Employees who elect to use unpaid leave are encouraged to review their pay statements and consider the impact on their net pay. All payroll deductions, including health care and voluntary payroll deductions will continue to be taken each pay period.

 

Emergency Family and Medical Leave Expansion Act (EFMLA)

Expands the federal Family and Medical Leave Act to provide leave for employees who are unable to work, including work-from-home, as a result of having to care for a minor child due to a COVID- 19 related closure of a school or childcare center.

Employees are eligible to take leave under the EFMLA Act if they have been employed at least 30 calendar days. This includes employees in non-FTE and non-leave accruing positions, such as temporary, research grant, time-limited and student employees.

 

Unlike the other provisions of the FMLA, there are no hours worked requirements for eligibility, and employees are not required to work the normal 12-month period for leave taken pursuant to the EFMLA.

If the employee worked as a temporary, time-limited or research grant employee and was then transitioned to an FTE position, the total time worked in both positions should be added to determine if the 30-day timeframe has been met.

The EFMLA amends and expands the federal Family and Medical Leave Act (FMLA), on a temporary basis, to provide qualifying employees 12 weeks of leave if the employee is unable to work, including work-from-home, due to the need to care for the employee’s child (under 18 years of age) if the child’s school or place of care is closed or the child care provider is unavailable due to a public health emergency. A public health emergency is “an emergency with respect to COVID-19 declared by a Federal, State, or local authority.”

The EFMLA amends and expands the federal Family and Medical Leave Act (FMLA), on a temporary basis, to provide qualifying employees 12 weeks of leave if the employee is unable to work, including work-from-home.

The first 10 workdays of the 12 work weeks of leave provided under the EFMLA are unpaid.

Other types of leave, including Emergency Paid Sick Leave, may be used during the first ten days of EFMLA.

After the first 10 workdays, paid leave must be provided for the remaining leave taken under the EFMLA. This includes leave taken by employees who do not currently earn leave including temporary, research grant and time-limited employees.

Paid leave provided to eligible employees under EFMLA is calculated at two-thirds of an employee’s regular rate of pay and should be based on the number of hours the employee would otherwise be normally scheduled to work.

Paid leave under the EFMLA is capped at $200 per day and $10,000 in the aggregate.

Leave under the EFMLA must be approved by your campus leave administrator.  Once your request has been processed you and your supervisor will receive notification of approval or denial.

To request leave:

1. Log in to Employee Self Service in the HR/Payroll system and click on the COVID-19 tile.

2. Follow these instructions to submit your request for Emergency Family and Medical leave.

 
Employees who enter leave time on a bi-monthly basis should use the "EFMLA-Emergency FMLA prior approval req code in iTAMS to record EFMLA.

Employees who enter time worked and leave time on a weekly basis should use the "EFMLA-HRLY-Emergency FMLA prior approval req" code in iTAMS to record EFMLA.

For step by step instructions for how to use the ITAMS leave calculator, please visit the Payroll website

Closure is defined  as not having the ability to attend.  If a school offers the choice of in-person vs. virtual, then the school is not closed on the days when your child is allowed to attend school.

For example, if you are allowed to send your child for in-person instruction on Monday, Wednesday and Friday, the school is not closed and you are not entitled to FFCRA leave for those days, even if you elect to keep your child home. If your child is not permitted to attend certain days due to staggering of schedules, such as Tuesday and Thursday in this example, you would be eligible for FFCRA leave on those days if you cannot work from home.

Employees may use any paid leave available concurrently with EFMLA leave during this 10-day period.

Yes. Employees can use both programs concurrently.

No. Employees are not required to take other leave prior to taking EFMLA leave. Employees may, however, elect to use other leave to supplement the paid leave provided under the FFCRA in order to receive their full salary.  Employees may also choose to use other types of leave available prior to taking emergency paid sick leave or EFMLA leave.

Yes, leave under the EFMLA can be taken on an intermittent basis.

No.  EFMLA cannot be provided retroactively.

No. Qualifying leave may be used at any time between April 1 and December 31, 2020, but paid leave provided under the Act does not carry over from year to year.

EFMLA provides the same job protections as FMLA. For more information see HR 1.07 Family and Medical Leave.

Employees are entitled to continued group health coverage, including any family coverage in which they are enrolled, during expanded family and medical leave on the same terms as if they continued to work. The employee must continue to make any normal contributions to the cost of health coverage.

Yes.  Employees are limited to a combined total of twelve weeks of leave taken under the EFMLA and FMLA during the calendar year.  If an employee has already taken 12 workweeks of FMLA leave during the applicable 12-month period, they may not take additional leave under the EFMLA.

No. The only type of family and medical leave that is paid leave is expanded family and medical leave under the Emergency Family and Medical Leave Expansion Act when such leave exceeds ten days. This includes only leave taken because the employee must care for a child whose school or place of care is closed, or child care provider is unavailable, due to COVID-19 related reasons.
Yes. Each eligible employee will receive up to 12 weeks of EFMLA combined with FMLA.

An employee is considered to have been employed for 30 calendar days if the employee has been on payroll with any state agency for the 30 calendar days immediately prior to the day the leave would begin.  This does not necessarily mean that the employee has actually worked 30 calendar days.  For example, the the employee was placed on payroll beginning March 2, 2020, eligibility begins 30 calendar days form March 2, 2020, even if they only worked Monday through Friday of this period.

If the employee worked as a temporary, time-limited or research grant employee and was then transitioned to an FTE position, the total time worked in both positions should be added to determine if the 30-day timeframe has been met.

Not through the university. External dual employees have another state agency as their primary employer.  Benefits under the FFCRA must be requested through their primary employer

Employees who earn leave may also use any accrued compensatory time, annual leave or regular sick leave to cover time they are unable to work. Additionally, employees who earn leave may request an advancement of sick leave or request leave from the university leave transfer pool.

Employees who have exhausted all leave, will need to be placed on leave without pay. Employees should contact their supervisor or HR Contact to facilitate this action.

Yes. Employees who are working a reduced schedule due to COVID-19 must use paid or unpaid leave for time not worked. Employees who elect to use unpaid leave are encouraged to review their pay statements and consider the impact on their net pay. All payroll deductions, including health care and voluntary payroll deductions will continue to be taken each pay period.

 

 


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