Please see the different forms below for Covid related health or child care issues for help that may be available to you. We strongly recommend you either save or print these for reference. These forms are also available as attachments in your District email that may print better.
Model FFCRA Leave Protocol
This protocol is intended to comply with the Expanded FMLA and Emergency Sick Leave requirements of the Family and Medical Leave Expansion Act and Emergency Paid Sick Leave Act included in the Families First Coronavirus Response Act (“FFCRA”), enacted on March 18, 2020. This protocol will remain in effect through December 31, 2020.
Purposes for which FFCRA Leave may be used
Under the FFCRA, employees are entitled to leave for the following reasons:
- The employee is subject to a Federal, State, or local quarantine or isolation order related to COVID-19.
- The employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19.
- The employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis.
- The employee is caring for an individual who is subject to an order as described above or has been advised by a health care provider as described above.
- The employee is caring for a son or daughter if the child’s school or place of care has been closed or the child’s child care provider is unavailable due to COVID-19 related reasons.
- 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 Labor.
Amount of Leave
Emergency Sick Leave (“ESL”)
Employees who use leave for the reasons specified above are eligible for up to up to two weeks (80 hours, or a part-time employee’s two-week equivalent) of paid Emergency Sick Leave (“ESL”). The leave entitlement for part-time employees is equal to the number of hours that the employee works, on average, over a 2-week period. Ex. A 6 hour employee would be eligible for 60 hours or10.5 days.
Expanded FMLA (“EFMLA”)
Eligible employees who use leave to care for a child whose school or place of child care is closed or unavailable due to COVID-19-related reasons may be eligible for up to 12 weeks of EFMLA leave. The amount of available EFMLA leave is reduced by any regular FMLA used in the same 12-month period. The first two weeks of EFMLA leave are unpaid. The District requires employees to use any available ESL, sick days, or other paid leave available under District policy before taking unpaid leave for the first two weeks of any EFMLA period. EFMLA leave after the first two weeks is paid, as set forth below.
Note: The FFCRA does not expand the total amount of FMLA leave available to employees. Employees may take a total of 12 weeks of FMLA or EFMLA leave in a 12-month period. Employees who have exhausted their FMLA leave may still be entitled to ESL leave.
All employees are eligible for ESL.
Employees are eligible for EFMLA leave if they have been employed by the District for at least 30 calendar days prior to taking leave.
Rate of Pay for ESL and EFMLA Leave
Pay for ESL and EFMLA leave is based upon the greater of the employee’s regular rate of pay or the applicable minimum wage.
If the employee takes ESL or EFMLA leave for reasons 4, 5, or 6 listed above, their leave will be paid at two-thirds (2/3) of the applicable rate from the preceding paragraph.
ESL and EFMLA Pay Caps
Regardless of how the employee’s ESL or EFMLA pay is calculated, it will be capped at $511 per day and $5,110 in the aggregate when ESL is used for reasons 1, 2, or 3 listed above. If leave is taken for reasons 4 or 6 listed above, pay will be capped at $200 per day and $2,000 in the aggregate. If an employee uses leave for reason 5 above, the employee’s pay will be capped at $200 per day and $12,000 in the aggregate.
Interaction with Other Leave
An employee may use ESL before electing to use other available paid leave and will not be required to use other available paid leave before using ESL, including any sick days or other paid leave available under the District’s existing paid time off policies.
Employees are required to substitute available paid leave for any unpaid EFMLA leave.
[OPTIONAL:]If an employee’s rate of pay for any period of paid ESL or EFMLA leave is less than the employee’s full regular non-overtime pay, the employee may opt for the District to supplement their ESL or EFMLA pay by applying an appropriate number of hours from the employee’s available sick time, personal days, or vacation to bring the employee’s total gross pay as close as possible to their regular wages or salary.
Notification to the District
Employees seeking to use ESL or EFMLA leave should follow the District’s regular absence reporting procedures. As soon as possible, employees should complete a COVID-19-Related Leave Request Form to document the reason for the leave request. Employees who do not complete a COVID-19-Related Leave Request Form and provide all requested information on the form may have their leave request delayed or denied.