Families First Coronavirus Response Act (FFCRA)
|
Policy Statement
Per the FFCRA, OCC provides eligible employees with emergency paid sick leave and expanded emergency family and medical leave for specified reasons related to COVID-19. These leaves are available from April 1, 2020 through December 31, 2020. These leaves are in addition to the OCC COVID19 paid leave bank announced on March 17, 2020, which is available for use through June 30, 2021.
Emergency Paid Sick Leave ("EPSL")
Eligible employees are entitled to EPSL if they are unable to work or do remote work
for the reasons below.
Eligibility
All employees working on site or working remotely (per written authorization from
their supervisor to work remotely) at the time the need for a leave arises, no matter
the length of employment, are eligible for EPSL provided the need for the leave meets
the qualifications below. Employees who have been laid off or terminated are not eligible
for EPSL. This includes employees who may be laid off or terminated while they are
taking EPSL. Employees are not protected from a layoff or termination that would occur
for reasons other than their protected EPSL leave.
Qualifying Reasons
An employee qualifies for EPSL if the employee is unable to work on site or unable
to work remotely due to a need for a leave because the employee:
- is subject to a Federal, State, or local quarantine or isolation order related to COVID-19;
- has been advised by a health care provider to self-quarantine due to concerns related to COVID19;
- is experiencing COVID-19 symptoms and is seeking a medical diagnosis;
- is caring for someone who is subject to a government quarantine or isolation order under (1) or who has been advised by a health care provider to self-quarantine due to COVID-19 related precautions;
- is caring for a son or daughter (under 18) whose school or place of care is closed, or whose child care provider is unavailable for reasons related to COVID-19; or
- is experiencing any other substantially-similar conditions as specified by the Secretary of Health and Human Services, in consultation with the Secretaries of Labor and Treasury.
Length of EPSL
The amount of available EPSL time is determined by the reason for the leave. The length
of the leave will end, in the event the employee is laid off, terminated, or is otherwise
separated from employment, even if the employee is already on an approved EPSL. Employees
are eligible for the following EPSL time for any of the six (6) reasons listed above:
Full time employees (i.e., those regularly scheduled forty (40) or more hours per week) are eligible for eighty (80) hours.
Part-time employees (those regularly scheduled less than forty (40) hours per week) are eligible for the number of hours that the employee works on average over a two week period.
Rate of Pay
An employee’s rate of EPSL pay is determined by the reason for the leave. An employee
will be paid the following rate of pay for reasons (1)-(3) above:
One hundred (100%) percent of the employee’s regular rate or minimum wage, whichever is higher, up to $511 per day and $5,110 in the aggregate (over a 2-week period).
An employee will be paid the following rate of pay for reasons (4)-(6) above:
Two-thirds (2/3) the employee’s regular rate or two-thirds (2/3) the minimum wage, whichever is higher, up to $200 per day and $2,000 in the aggregate (over a 2-week period).
EPSL Benefit Expiration
EPSL is only available from April 1, 2020 through December 31, 2020. Unused EPSL may
not be carried over to the next year. Employees cannot cash out unused EPSL and are
not entitled to reimbursement for unused EPSL upon termination, resignation, lay off,
or other separation from employment.
Expanded Emergency Family and Medical Leave ("EEFML")
Eligible employees are entitled to paid EEFML if they are unable to work or do remote
work for the
qualifying reasons below. Employees are not protected from a layoff or termination
that would occur for reasons other than their protected EEFML leave.
Eligibility
All employees with at least thirty (30) calendar days of employment with OCC prior
to the day an EEFML would begin and working on site or working remotely (per written
authorization from their supervisor to work remotely) at the time an EEFML is requested
are eligible for EEFML provided the need for the leave meets the qualifications below.
Employees who have been laid off or terminated are not eligible for EEFML.
Qualifying Reasons
An Employee qualifies for EEFML if the employee is unable to work or work remotely
due to a need for leave because the employee is caring for a minor son or daughter
(under 18 years of age) whose school or place of care is closed (or child care provider
is unavailable due to COVID-19 precautions). The FMLA generally defines "son or daughter"
as a biological, adopted or foster child; a stepchild; a legal ward; or a child of
a person taking the place of a parent. School means elementary or secondary school.
Note employees who are able to successfully work remotely while taking care of a child
do not qualify for the EEFML because they are working remotely.
Length of EEFML
All employees are eligible for twelve (12) weeks of EEFML. A full time employee is
entitled to forty (40) hours per week. A part time employee is entitled to the number
of hours the employee is normally scheduled to work over that period.
Rate of Pay
The first ten (10) days (2 weeks) of EEFML is unpaid. An employee, however, may elect
to substitute paid accrued vacation, personal or sick leave, the OCC COVID-19 sick
bank leave, or EPSL during this time.
For the remaining ten (10) weeks, employees will receive two-thirds (2/3) their regular rate of pay or two-thirds (2/3) the minimum wage, whichever is higher, up to $200 a day and $10,000 in the aggregate (over 10 weeks).
EEFML Benefit Expiration
EEFML is available for the limited period of April 1, 2020 through December 31, 2020.
Unused EEFML may not be carried over to the next year. Employees cannot cash out unused
EEFML time and are not entitled to reimbursement for unused EEFML upon termination,
resignation, lay off, or other separation from employment.
Additional Provisions Appliable to Both EPSL and EEFML
Use of EPSL and EEFML
Whether an employee may use EPSL and/or EEFML intermittently will depend on the reason
for the leave. Determinations shall be made in accordance with guidance issued by
the DOL. Generally leaves may only be used in daily increments, except for leaves
to care for a child whose school or place of care is closed, or child care provider
is unavailable, because of COVID-19 related reasons. The supervisor and employee will
attempt to collaborate on a flexible schedule that meets the mutual needs of the employee
and OCC. Employees may use EPSL, EEFML and any other paid leaves: sick, vacation,
personal, OCC COVID-19 bank in any order they choose. Use of EEFML counts against
the employee’s twelve (12) weeks of FMLA in a twelve (12) month period.
Job Restoration after EPSL and EEFML
Job restoration after returning from EPSL and EEFML are governed by requirements of
the FMLA and OCC’s FMLA Policy. Employees are not, however, protected from employment
actions such as layoffs that would have affected them regardless of whether they took
leave.
Protected Lawful Use of EPSL and EEFML
OCC will not discharge, discipline, or otherwise discriminate against any employee
who lawfully takes EPSL or EEFML under the FFCRA, files a complaint, or institutes
a proceeding under or related to the FFCRA.
How to Request EPSL and/or EEFML
Please notify your Supervisor and contact Julie Hoyt, HR Benefits Director, (jahoyt@oaklandcc.edu;
(248)341-2029 with your leave requests.
Additional EPSL and EEFML Information
For questions and answers regarding the OCC COVID-19 paid leave bank and EPSL and
EERML please refer to the OCC COVID-19 leave bank Q &A or contact Human Resources. Also see Q & A published by the U.S. Department of Lab
Additional information is also available from the Wage and Hour Division of the U.S. Department of Labor.
This policy is subject to change in order to comply with guidance, laws, directives, or orders enacted or issued by federal, state, and local governments and agencies of each of the foregoing, as applicable.
Change Log
- 04-01-2020 Effective date
