Important Updates on Families First Coronavirus Response Act (FFCRA)
The Families First Coronavirus Response Act (FFCRA) implemented new federal laws effective from April 1, 2020, to address the impact of COVID-19 on employee leave and safety. The Act includes provisions for Emergency Paid Sick Leave and Emergency Family and Medical Leave Expansion, ensuring eligible employees receive paid leave for specified COVID-19 related reasons. It is important for management to communicate effectively with employees during this time to address concerns and maintain operations smoothly.
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Families First Coronavirus Response Act (FFCRA) HUMAN RESOURCE COMMUNITY April 1, 2020 4/1/20 1
HRCS Webinar Series Educate Inform Inspire 4/1/20 2
AGENDA New Federal Law Effective April 1, 2020 Interfaces with Existing Policies and Leave Categories Resources 4/1/20 3
COMMUNICATION IS STILL KEY Management s responsibility to ensure employee safety and assure employees that their concerns are understood and being addressed to maintain operations Agency communications are even more important now 4/1/20 4
FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) Federal law effective April 1, 2020 through December 31, 2020 Two components: Emergency Paid Sick Leave Act Emergency Family and Medical Leave Expansion Act 4/1/20 5
FFCRA EMERGENCY PAID SICK LEAVE ELIGIBILITY Applies to Salaried and Wage Employees Provides Two weeks of paid sick leave 80 hours for full-time, salaried employees Pro-rated for others For wage employees , use the number of hours worked on average over a two- week period 4/1/20 6
FFCRA EMERGENCY PAID SICK LEAVE AND PHEL AND OTHER PAID LEAVE The federal Emergency Paid Sick Leave is in addition to our state Public Health Emergency Leave and all other leave types May not require that other available leave be used before eligibility for emergency paid sick leave 4/1/20 7
FFCRA EMERGENCY PAID SICK LEAVE REASONS If the employee is unable to work OR TELEWORK for the following reasons: 1. To self-isolate if the employee is diagnosed with COVID-19 2. To obtain a medical diagnosis/care if employee has symptoms of COVID-19 3. To comply with recommendation of health care provider/public official that the employee self- isolate due to COVID-19 concerns 4/1/20 8
FFCRA EMERGENCY PAID SICK LEAVE COMPENSATION Pay must be made at 100% of employee s regular rate of pay, including non- discretionary compensation for reasons requiring self-isolation Dollar maximums for leave to be paid: For leave reasons related to self-isolation: regular rate up to $511 per day and $5,110 in the aggregate over a 2-week period (10 workdays). 4/1/20 9
FFCRA EMERGENCY PAID SICK LEAVE 4. To care for an individual who is quarantined or advised to self-isolate 5. To care for a son or daughter if the school or child care facility has been closed or child care provider is not available due to COVID- 19 6. To one who is experiencing substantially similar conditions as specified by the Sec. of Health & Human Services 4/1/20 10
FFCRA EMERGENCY PAID SICK LEAVE COMPENSATION CAPS For leave to care for other individuals who are self-isolating: For leave related to child care*: For leave for conditions stated by the Sec. of Health & Human Services: 2/3 their regular rate up to $200 per day and $2,000 in the aggregate (for 10 workdays) 4/1/20 11
FFCRA EMERGENCY PAID SICK LEAVE Employees must follow usual leave request procedures Be FLEXIBLE! Remember that documentation may not be readily available or may not be in the format you would normally expect or require 4/1/20 12
FFCRA EMERGENCY PAID SICK LEAVE For employees working shifts other than five 8-hour days (e.g., four 10-hour days or 12- hour shifts) Convert the schedules to five 8-hour days 4/1/20 13
FFCRA EMERGENCY PAID SICK LEAVE Compensation ceases with the next scheduled shift following the paid sick leave Employer may not require the employee to find his/her own replacement There is no carryover of this leave 4/1/20 14
FAMILY MEDICAL LEAVE EXPANSION ACT Similar to other categories of FML Applies to covered employers Generally up to 12 weeks of job protection while on leave during a 12 month period Protections against discrimination and retaliation 4/1/20 15
FAMILY MEDICAL LEAVE EXPANSION ACT Differences between other categories of FML and the FML expansion category: The eligibility criteria are different Paid leave time is provided for the last 10 weeks of the FML period Applies to wage employees as well as salaried 4/1/20 16
FAMILY MEDICAL LEAVE EXPANSION ACT ELIGIBILITY Employee must have worked for at least 30 calendar days The calendar days do not need to be consecutive No minimum number of hours 4/1/20 17
FAMILY MEDICAL LEAVE EXPANSION ACT ELIGIBILITY Must be unable to work (or telework) due to the need to care for son/daughter under 18 years old, if School or child care facility has been closed, or Child care provider of son/daughter is unavailable due to a declared COVID-19 public health emergency 4/1/20 18
FAMILY MEDICAL LEAVE EXPANSION ACT DOCUMENTATION Documentation of reasons other than medical conditions for the use of the emergency FML may be easier to produce Exercise flexibility in the forms of documentation you require Do not use the standard DOL FMLA certification forms for this emergency FML A template FML request form is available on DHRM s website. 4/1/20 19
FAMILY MEDICAL LEAVE EXPANSION ACT BENEFITS First 10 work days (two weeks) of leave may be unpaid Employee may elect to substitute any personal leave (including sick leave) for the unpaid leave If eligible for the emergency paid sick leave, this leave may be used for the first 10 days Remainder of 12 weeks must be paid at the rate of 2/3 of the employee s regular rate of pay Maximum pay: Up to $200 per day and $10,000 in aggregate for the remaining 10 weeks of FML 4/1/20 20
FAMILY MEDICAL LEAVE EXPANSION ACT BENEFITS For variable hour employees: Must review the preceding six month period to determine the employee s average hours If employee did not work during that period, use the average number of hours per day that the employee would normally be scheduled to work. 4/1/20 21
FAMILY MEDICAL LEAVE EXPANSION ACT BENEFITS Employees who have already used some or all of their FMLA period since January 10th for any reason, are entitled only to the remainder of the 12 week period for FML Expansion Act benefits Other periods of FMLA do not require paid leave and this Act does not change that 4/1/20 22
FAMILY MEDICAL LEAVE EXPANSION ACT INTERMITTENT LEAVE Employers may opt to allow employees to take this leave intermittently or on a reduced leave schedule 4/1/20 23
FAMILY MEDICAL LEAVE EXPANSION ACT BENEFITS SUPPLEMENTING LEAVE Employees receiving 2/3 pay for leave beyond the first 10 work days may supplement by using their personal leave for the remaining 1/3 or when they reach the dollar limits 4/1/20 24
FAMILY MEDICAL LEAVE EXPANSION ACT EXCLUSIONS Health care providers: Anyone employed at any doctor s office, hospital, health care center, clinic, post-secondary educational institution offering health care instruction, medical school, local health department or agency, nursing facility, retirement facility, nursing home, home health care provider, any facility that performs laboratory or medical testing, pharmacy, or any similar institution, employer, or entity. This includes any permanent or temporary institution, facility, location, or site where medical services are provided that are similar to such institutions. 4/1/20 25
FAMILY MEDICAL LEAVE EXPANSION ACT EXCLUSIONS Emergency Responders: An employee who is necessary for the provision of transport, care, health care, comfort, and nutrition of such patients, or whose services are otherwise needed to limit the spread of COVID-19. This includes but is not limited to military or national guard, law enforcement officers, correctional institution personnel, fire fighters, emergency medical services personnel, physicians, nurses, public health personnel, emergency medical technicians, paramedics, emergency management personnel, 911 operators, public works personnel, and persons with skills or training in operating specialized equipment or other skills needed to provide aid in a declared emergency as well as individuals who work for such facilities employing these individuals and whose work is necessary to maintain the operation of the facility. 4/1/20 26
FAMILY MEDICAL LEAVE EXPANSION ACT EXCLUSIONS To minimize the spread of the virus associated with COVID-19, the Department of Labor encourages employers to be judicious when using these definitions to exempt emergency responders from the provisions of the FFCRA. Any employees who are displaying symptoms and have reason to believe they have been exposed should be removed from the workplace and provided with the paid leave. Agencies are encouraged to provide access to the paid leave for other reasons as staffing levels permit. 4/1/20 27
FAMILIES FIRST CORONAVIRUS RESPONSE ACT NOTICE REQUIREMENTS Must post the notice prepared by the Secretary of Labor in conspicuous places on the premises of the employer The notice should be posted on your Intranet or an announcement should be made via e-mail Poster: https://www.dol.gov/sites/dolgov/files/WHD/posters/ FFCRA_Poster_WH1422_Non-Federal.pdf 4/1/20 28
FAMILIES FIRST CORONAVIRUS RESPONSE ACT - VIOLATIONS Employers may not discipline or discriminate against employees taking leave under this Act Failure to comply with the Act will be treated as a violation of the minimum wage provisions of FLSA The EEOC has not yet determined if COVID-19 is considered a disability under ADA 4/1/20 29
RETURN TO WORK Employees returning to work from the emergency FML have job protection in the same manner as any other FMLA period would afford them 4/1/20 30
REMINDER RETURN TO WORK DURING THE PANDEMIC Many symptoms of COVID-19 replicate symptoms of seasonal influenza, allergies, sinus infections, colds, etc. While safety of co-workers is necessary, be mindful that employees may have other illnesses that don t require the same precautions COVID-19 testing is limited 4/1/20 31
REMINDER VIRGINIA SICKNESS & DISABILITY PROGRAM VSDP participants WHO ARE ILL with COVID-19 symptoms must file a short- term disability claim Do NOT file VSDP claims when: Exposed but no symptoms of illness Self-isolating from travel 4/1/20 32
REMINDER - TELEWORKING PRIVILEGES Ensure that a telework agreement exists and includes provisions for the security of equipment and access to systems as you would for any teleworker. 4/1/20 33
REMINDER WAGE EMPLOYMENT THRESHOLDS Leave time paid to wage employees must be counted against the 1500 hour threshold This is not a policy requirement that can be modified it is law that has not been changed to address the pandemic 4/1/20 34
REMINDER TIMEKEEPING DOCUMENTATION This leave is not captured in existing timekeeping systems There is no separate FMLA code to capture this new category of FMLA in PMIS Be sure to include notations in your systems to reference the FFCRA 4/1/20 35
RESOURCES Template questionnaires/forms for Emergency Paid Sick Leave and Emergency FMLA requests Poster: https://www.dol.gov/sites/dolgov/files/WHD /posters/FFCRA_Poster_WH1422_Non- Federal.pdf Additional Q&As 4/1/20 36
THANK YOU For your participation! Remember to display the DOL poster PLEASE send queries to policy@dhrm.Virginia.gov More information is coming! 4/1/20 37
