FFCRA Expiration Update

Based on where we are today, knowing things may change. 
  This is a very FLUID situation. Right now, we know a plan to have students return to on-site learning will be discussed on Monday during the BOE meeting. We also know once the students you service return to the building, the employees will be expected to work from the building.
  Start planning child care options now!!

THIS INFORMATION IS MEANT TO PREPARE YOU AND PROVIDE TIME TO CONSIDER YOUR OPTIONS 

FFCRA – Quarantine and Child Care Benefits – these benefits expired on 12/31/2020 

  • FFCRA benefit allowed employees to have up to 80 hours (10 days) for purpose of quarantine; positive, exposed outside or through family within your house etc.  
  • FFCRA allowed childcare COVID related school/daycare closings to be covered under FMLA.  
  • After 12/31/2020 there will no longer be FFCRA benefits available to any employee.  There is conversation, when Biden takes office, he may try to reinstate this benefit.   

Now that FFCRA has expired: 

  • If you are exposed to COVID OUTSIDE the workplace, you will have to take a leave. For this reason, you will use your FMLA time utilizing any available sick/personal/vacation days. If you do not have any available paid time off, these days will be unpaid FMLA. 
  • If notified at work that you have been exposed, and administration is telling you to quarantine for a period of time, and you are not able to be accommodated to work from home, you will be paid for your quarantine time and not be charged for your sick/personal/vacation time.   

FFCRA – Childcare Benefit – expired on 12/31/2020 

  • 104 employees are currently working from home are NOT using FFCRA now (had previously filled out paperwork for child care leave).  You have been accommodated by the district to work from home.   
  • 40 PASS members are truly on FFCRA, at home; not working; being paid at 2/3 pay. After December 31, FFCRA expires and childcare related issues are no longer protected under FFCRA/FMLA.  If your reason for not returning is solely childcare, your only option is to request an unpaid leave of absence or find arrangements for day care. Please reach out to Rebecca Sipes ASAP. 

IN THE MEANTIME: 

  1. Right now, everyone who is working from home is status quo through January 15th because we are in a remote only schedule with the option to work from home. 
  2. By January 11th we will have an update regarding student return to school.   
  3. When the schedule is announced (not right now): 
  4. Everyone will be expected to return to school with students.   
  5. If you or your child cannot return to school for medical reasons, request NEW FMLA paperwork to begin that process.  You will follow normal FMLA protocols per the PASS Contract (see below) 
  6. ADA plans are not written regarding someone else’s health; the district is not required to accommodate your working conditions with remote learning based on an elderly relative living in the household. In addition, this is not supported by FMLA, either.  The only option viable is an unpaid leave of absence. 
  7. If your reason for not returning is solely childcare, your only option is to request an unpaid leave of absence or find arrangements for day care. 

7.8      FMLA 

Leaves of Absence 
A.         Family and Medical Leave 
The Board and the Association agree to comply with the provisions of the Federal Family and Medical Leave Act (FMLA), as amended from time to time, subject to the requirements of Board Policy 
5:185 and to the following requirements: 
1.   Eligibility 
a.   “Eligible employee” means an employee who has been employed in a full-time capacity with the Board for at least one year and has at least 1,250 hours of service with the Board during the year preceding the leave.  Determine hours of service for eligibility purposes.  If two eligible employees are spouses employed by the Board, they shall be limited to a combined total of 60 working days of leave during any twelve-month period if the leave is taken: 
(1)        For birth of the eligible employee’s son or daughter or to care for the child after birth; 
(2)        For placement of a son or daughter with the eligible employee for adoption or foster care, or to care for the child after placement; or 
(3)        To care for the eligible employee’s parent with a serious health condition. 
However, if the leave is for the birth or adoption of a child with a serious health condition, both parents may each take 60 working days of leave. 

b.   Other terms shall be defined in the Family and Medical Leave Act (29 U.S.C. 260, et seq.) and rules and regulations as promulgated by the United States Department of Labor. 
2.   Availability 
a.   Family and Medical Leave shall be limited to a total of 60 working days per 12-month period, which shall be defined as a 12-month period rolling forward from the date an employee uses any FMLA leave, and shall be available to an employee for the following purposes: 
(1)        for the birth of a child and to care for the newborn child; 
(2)        for the placement of a child for adoption or foster care and to care for the newly placed child; 
(3)        to care for an eligible employee’s spouse, child, or parent with a serious health condition; 
(4)        because of a serious health condition that makes an eligible employee unable to perform his or her job functions; and 
(5)        for certain qualifying exigencies, as defined by FMLA, arising out of a covered military member’s active duty status, or notification of an impending call or order to active duty status, in support of a contingency operation. 
b.   Family and Medical Leave shall be extended for up to twenty-six (26) weeks per 12-month period to care for a spouse, son, daughter, parent or next of kin who is a covered service member recovering from a serious injury or illness incurred in the line of duty on active duty. 
3.   Usage 
At the election of either the Board or eligible employees, eligible employees requesting Family and Medical Leave may use any available, accrued paid personal days as part of 60 working days.  At the election of either the Board or eligible employees, eligible employees requesting leave for family medical or personal medical leave may also use accrued paid sick leave.  If such election is made by the board or the eligible employee, and after all available accrued paid personal or sick day leave has been expended, the remaining Family and Medical Leave will be unpaid. 
4.   Benefits During Leave 

  1. The Board shall maintain health care coverage at Board expense for the duration of the 60 working days of the Family and Medical Leave period at the same level and under the same conditions that existed at the time of the commencement of this leave.  Thereafter, with the approval of the insurance carrier, health care coverage may be continued at the expense of the eligible employee. 

    b.   Other benefits (e.g., sick leave, personal leave, vacation leave) will not continue to accrue during Family and Medical Leave.  Benefits accrued before the date the leave began will remain intact. 

5.   Application Procedures 
a.   In a known circumstance, application should be submitted to the Superintendent, or his or her designee, for the Board’s approval at least 30 calendar days prior to the first day of the leave. 
b.   In unforeseen situations, employees should provide as much notice to the Superintendent as possible, generally on the day the need for Family and Medical Leave becomes known or the next business day.  Additionally, the employee must disclose why advanced notice was not possible. 
c.   Additional notice of the employee’s intention to return to work shall be provided to the Superintendent, or his or her designee, at least 30 calendar days before the date the leave is to terminate. 
6.   Return to Active Employment Status 
At the end of a Family and Medical Leave, an employee will be reinstated to his or her previous position if it is available.  If the employee’s previous position is not available, the employee will be reinstated to an equivalent position with equivalent pay, benefits and other terms and conditions. 

 

JoAnne Clemans
President, PASS
Special Ed. Paraprofessional
Plainfield Academy
23930 W. Lockport St.
Plainfield, IL 60544
(815)439-5521