FFCRA Overview Supervisory Training July 2020
FFCRA Training Objectives The objective of this training is to provide TCL Supervisors with a general understanding of the Families First Coronavirus Response Act (FFCRA) which was signed into law on March 18, 2020, and took effect on April 1, 2020. The FFCRA and its two associated leave acts (Emergency Paid Sick Leave Act and Emergency Family and Medical Leave Expansion Act) provide temporary relief to eligible employees affected by the COVID-19 pandemic. This training will equip you with the knowledge that you need as it relates to supervising your employees who may be impacted by the COVID-19 pandemic and providing guidance to them on the FFCRA leave request process for TCL employees.
What is FFCRA? Q4intelligence. “FFCRA-Company Message” Vimeo, April 13, 2020, https://vimeo.com/407298792
Families First Coronavirus Response Act (FFCRA) Overview • Signed into law March 18, 2020 and includes two leave components • Emergency Paid Sick Leave Act (EPSL) • Emergency Family and Medical Leave Expansion Act (EFMLA) • Effective April 1, 2020 • Expires December 31, 2020 • Enforced by the U.S. Department of Labor, Wage and Hour Division (WHD)
Qualifying Reasons for Leave under FFCRA An employee is entitled to take leave between April 1, 2020 and December 31, 2020 if the employee is unable to work (including telework) because the employee: 1. Is subject to a federal, state, or local quarantine or isolation order related to COVID-19, 2. Has been advised by a health care provider to self-quarantine related to COVID- 19, 3. Is experiencing COVID-19 symptoms and is seeking a medical diagnosis, 4. Is caring for an individual who is subject to a Federal, State, or local quarantine or isolation order related to COVID-19 or has been advised by a health care provider to self-quarantine related to COVID-19, 5. Is caring for his or her child whose school or place of care is closed (or child care provider is unavailable) due to COVID-19 related reasons, or 6. Is experiencing any other substantially-similar condition specified by the U.S. Department of Health and Human Services
Under the Families First Coronavirus Response Act, the Emergency Paid Sick Leave Act (EPSL) was created. Let’s learn more about this act and how it may impact qualifying employees.
Emergency Paid Sick Leave Act (EPSL) Benefit Basics Who Is Eligible? • All employees who work for a covered employer (with a few exceptions for healthcare workers and emergency responders) are eligible to apply for EPSL if they cannot work (including telework) for qualifying reasons. Reasons for Leave? • There are six qualifying COVID-19 related reasons for job-protected leave (refer to next two slides). Is EPSL Paid Leave? • Entitlement to paid sick leave over a 2-week period is based on qualifying reason. For full-time employees, it is based on their scheduled hours of work • up for 2 weeks up to 80 hours . Part-time employees may receive paid leave based on the average • number of hours that they would normally work over a 2-week period.
EPSL– Rate of Pay for Reasons 1-3 Under EPSL, the employee is paid at their regular rate of pay for leave hours taken (up to 2 weeks or up to 80 hours) for the reasons listed below because the employee cannot work (including telework) because the employee: 1. Is subject to a federal, state, or local quarantine or isolation order related to COVID-19, 2. Has been advised by a health care provider to self-quarantine related to COVID-19, or 3. Is experiencing COVID-19 symptoms and is seeking a medical diagnosis Note: Total pay under EPSL is capped at $511 per day or $5,110 in total. The above reasons for EPSL are not eligible to be taken intermittently.
EPSL– Rate of Pay for Reasons 4-6 Under EPSL, the employee is paid at two-thirds of the regular rate of pay (for up to 2 weeks or up to 80 hours) for leave hours taken when the employee cannot work (including telework) because the employee: 4. Is caring for an individual subject to a federal, state, or local quarantine or isolation order related to COVID-19, 5. Is caring for his or her child whose school or place of care is closed (or child care provider is unavailable) due to COVID-19 related reasons, or 6. Is experiencing any other substantially-similar condition specified by the U.S. Department of Health and Human Services. Note: Total pay capped at $200 per day or $2,000 in total.
Before diving into The Emergency Family and Medical Leave Expansion Act 2020 (EFMLA), let’s review The Family and Medical Leave Act 1993 (FMLA)
Family and Medical Leave Act (1993) Under FMLA, eligible employees may take up to 12 workweeks of unpaid, job- protected leave in a 12-month period for one or more of the following reasons: The birth of a son or daughter or placement of a son or daughter with the • employee for adoption or foster care; To care for a spouse, son, daughter, or parent who has a serious health condition; • For a serious health condition that makes the employee unable to perform the • essential functions of his or her job; or For any qualifying exigency arising out of the fact that a spouse, son, daughter, or • parent is a military member on covered active duty or call to covered active duty status. Please Note: Eligible employees must have worked for a covered employer for at least 12 months and must have worked at least 1,250 hours in the 12 months preceding the leave request. TCL policy defines the 12 month period as the calendar year and requires that employees use accrued available paid leave concurrent with FMLA.
Emergency Family and Medical Leave Expansion Act (EFMLA) The EFMLA expands the original FMLA temporarily (April 1, 2020 – December 31,2020) to include the following qualifying reason for leave: Reason: An employee cannot work (or telework) because of the need • to care for a son or daughter under age 18 (or disabled son or daughter over age 18), whose school, child care facility or child care provider is closed or unavailable due to COVID-19 related reasons. Eligibility: To be eligible, an employee must have been employed for at • least 30 calendar days with TCL in order to request EFMLA leave or the employee must have been employed by another SC State Agency and transferred to TCL with a combined total of 30 calendar days or more. Note: there are a few exceptions to eligibility for those persons who are health care providers and emergency responders.
Emergency Family and Medical Leave Expansion Act (EFMLA) Provides up to 12 workweeks of job-protected leave (note: use of EFMLA counts • towards FMLA 12 week entitlement for calendar year 2020 and is not in addition to FMLA entitlement) Initial 2 weeks of EFMLA leave are unpaid but may be augmented with EPSL and/or • available accrued paid leave time (such as annual, sick, compensatory or banked holiday leave) Remaining 10 weeks of EFMLA leave is paid at two-thirds the employee’s regular rate • of pay and may be augmented with available paid leave time (such as annual, sick, compensatory or banked holiday leave) and is subject to the daily and cumulative limits listed below. May be taken in continuous weeks or intermittently depending on the circumstances • regarding need for leave. Pay limits under EFMLA are no more than $200 a day or $10,000 cumulative total • under EFMLA
Help Is Here! We have created a resource page for you to reference. Click here to review. • We will walk through the decision tree on the next slide to guide you through this process. • As seen on the decision tree on the next slide, the TCL Human Resources Team will provide • FFCRA request forms and instructions to the requester for completion and submission. Once a determination is made, the requester will receive an EPSL and EFMLA Designation Form which provides the determination (approved or denied) along with reason and dates approved. If approved, we will then advise the supervisor and department/division leader via email and provide you with the name of the employee, whether the leave is continuous or intermittent and the leave dates. Communication is key. Communicate any additional FFCRA leave process questions to the TCL • Human Resources Team and we will be glad to answer or assist in any way that we can (while maintaining HIPAA privacy for the employee). We can be reached at sdouglas@tcl.edu or soneal@tcl.edu.
FRAUDULENT REPORTING Reporting fraudulent exposure, illness or school/daycare closing related to COVID-19 may result in termination of employment.
FFCRA LEAVE REQUEST DECISION TREE FOR SUPERVISORS
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