FMLA/Leave policies: What you should know

The Families First Coronavirus Response Act (FFCRA), signed into law by President Trump March 18, 2020, provides full- and part-time employees paid sick leave and expanded family and medical leave in certain situations related to the COVID-19 Pandemic. Provisions of this Act are effective April 1, 2020 and will remain in effect until December 31, 2020.

FFCRA poster

Click on the poster image to open the full PDF version.

This Act provides full-time employees up to 80 hours (two weeks) of paid sick leave at their regular rate of pay (part-time employees would be paid the equivalent number of hours they work in a two-week period) in certain circumstances associated with the coronavirus.

It also allows full- and part-time employees to take up to 12 weeks of Emergency Family Medical Leave if they cannot work or telework due to having to care for a minor child whose school or childcare was closed due to the pandemic. The first 10 days (two weeks) of this period is without pay (full-time employees may use accrued leave of any kind). The remaining 10 weeks employees would be paid at 2/3 their regular rate of pay with a maximum payment of $200 daily or total of $12,000 between April 1 and December 31, 2020.

Included on this page is a poster from the U.S. Department of Labor outlining provisions of the FFCRA, along with a list of Frequently Asked Questions about the Act.  You can also download the Leave Application Form pertaining to FFCRA/EFMLA leave requests.

NOTE: Staff is developing a policy with provisions similar to those enacted by the Office of State Human Resources which, if adopted, could provide full- and part-time employees a higher level of benefit than those provided through the FFCRA.
Update May 8, 2020: Temporary Emergency Leave Policy [Download PDF] [Download Word Doc]

Frequently Asked Questions

Last Updated May 5, 2020

The Act was signed into law by President Trump on March 18, 2020.  It becomes effective April 1, 2020 and expires December 31, 2020. 

The Act contains two paid leave provisions.  The first provision requires employers to provide up to 12 weeks of paid Emergency Family Medical Leave (EFMLA) to full- and part-time employees who cannot work or telework because they must care for a minor child (age 17 and younger) whose school or childcare was closed due to COVID-19.

The second leave provision provides paid sick leave of up to 80 hours for full-time employees (part-time employees will be paid based on the number of hours they worked in a two-week period) if they contract the virus, are quarantined, must care for someone who is quarantined, or must care for a minor child whose school was closed due to the pandemic.

Full- and part-time employees who have been on payroll at least 30 calendar days.

Full- and part-time employees who cannot work or telework because they have a minor child whose school or childcare was closed due to COVID-19 are eligible. 

The first 10 days (two weeks) of EFMLA leave are unpaid.  Eligible employees may use accrued annual, personal, or sick leave during this period if they have it.  For the remaining 10 weeks, eligible employees will receive 2/3 of their regular rate of pay based on the scheduled hours they would have worked.  Payment is capped at $200 per day and $12,000 total between April 1, 2020 and December 31, 2020.

Full- and part-time employees who have been on payroll at least 30 calendar days.

Two categories of paid leave are established by the Act with different leave provisions provided for each: 

Category A:

  1. The employee is subject to a federal, state, or local quarantine order related to COVID-19.
  2. The employee has been advised by a health care provider to self-quarantine due to concerns for COVID-19.
  3. The employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis.

Full-time employees meeting either of the above criteria are entitled to paid sick leave at their regular rate of pay, up to a maximum of 80 hours (two weeks). 

Part-time employees meeting either of the above criteria are entitled to paid sick leave based on the average number of hours worked over the past two weeks.

Category B:

  1. The employee is caring for an individual who meets criteria 1 or 2 above.
  2. The employee is caring for his or her son or daughter if the school or place of care of the son or daughter has closed due to COVID-19.
  3. The employee experiences another substantially similar condition specified by the secretary of health and human services in consultation with the secretary of the treasury and secretary of labor.

Employees meeting either of the above criteria may receive paid sick leave at 2/3 their regular rate of pay or minimum wage, whichever is greater, up to a maximum of $200 a day and $12,000 total between April 1, 2020 and December 31, 2020. 

Documentation for EFMLA leave may include a notice of closure or unavailability from a child's school or child care provider, such as a notice posted on a government, school or day care website. Or it may include a notice published in a newspaper or e-mailed to the employee from a school official or child care provider.

Similarly, under the FFCRA's paid-sick-leave provision, employees must provide documentation supporting the reasons for the paid sick leave.  These documents include:

  • A copy of the governmental quarantine order.
  • Written documentation by a health care provider advising the individual to self-quarantine due to COVID-19 concerns.
To apply for EFMLA or paid sick leave under FFCRA: 

Employees must complete and submit a Leave Application Form and submit it with the appropriate documentation to Human Resources.

Eligible employees are required to exhaust the leave provisions provided by FFCRA first before using any of their accrued leave.

Contact Janice Lovely, Interim Human Resources Director, at 336-506-4245.