OPM has published additional, detailed guidance on the use of emergency sick leave granted by the Families First Corona Virus Response Act.
By clicking here, you can access the more detailed guidance from OPM on the availability and use of the additional 80 hours of emergency sick leave authorized under the FFCRA.
In addition, the information below is taken directly from the EPA’s guidance to employees on how the FFCRA is applied at EPA as of May 4, 2020, available in full on the EPA intranet.
Families First Coronavirus Response Act (FFCRA)
Q: What can I expect from the new Families First Coronavirus Response Act (FFCRA)?
A: It’s important to note most federal employees are entitled to only the paid sick leave portion of the Act. The Act became effective April 1, 2020 and expires December 31, 2020.
Under the FFCRA, an employee qualifies for up to 80 hours of paid sick leave if the employee is unable to work (or telework) due to a need for 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 related to COVID-19;
is experiencing COVID-19 symptoms and is seeking a medical diagnosis;
is caring for an individual subject to an order described in (1) or self-quarantine as described in (2);
is caring for a child whose school or place of care is closed (or childcare provider is unavailable) for reasons related to COVID-19; or
is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services, in consultation with the Secretaries of Labor and Treasury.
The Agency is working with its payroll provider, IBC, to update the time and attendance system so employees may start requesting and taking the paid sick leave provided under the Act. Additional guidance will be provided once the system updates are functional. FFCRA details may be found here (PDF 1pg).
Q: Must employees exhaust their sick leave in order to be eligible to use the 80 hours of sick leave provided under the Families First Coronavirus Response Act?
A: No. Under the Families First Coronavirus Response Act, the 80 hours under the Act is in addition to the employee’s regular accrued sick leave.
Q: How do I know what I am entitled to under FFCRA?
A: Employees Entitled Only to the Paid Sick Leave Provision of the Act - Most federal employees are covered under Title II of the Family and Medical Leave Act (FMLA) and are limited to the 80 hours of paid sick leave under FFCRA.
Employees Entitled to Paid Sick Leave and Expanded Family and Medical Leave - The following federal employees are covered under Title I of FMLA and would be entitled to both paid sick leave and the expanded family and medical leave provisions of the Act:
Employees with an intermittent work schedule; or
A temporary appointment with a time limitation of one year or less.
If you have questions about the type of appointment you’re on, you may contact your servicing HR Shared Service Center. You may also consult the Office of Personnel Management’s Fact Sheet (PDF) on employee coverage under FFCRA.
Q: What does it mean to be unable to work, including telework for COVID-19 related reasons?
A: You are unable to work if your supervisor has work for you and one of the COVID-19 qualifying reasons set forth in the Act prevents you from being able to perform that work, either under normal circumstances at your normal worksite or by means of telework.
Q: Will I receive my regular rate of pay if I use the paid sick leave entitlement under FFCRA?
A: Under FFCRA, an employee qualifies for paid sick leave if the employee is unable to work due to a need for 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 related to COVID-19;
is experiencing COVID-19 symptoms and is seeking a medical diagnosis;
is caring for an individual subject to an order described in (1) or self-quarantine as described in (2);
is caring for a child whose school or place of care is closed (or childcare provider is unavailable) for reasons related to COVID-19; or
is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services, in consultation with the Secretaries of Labor and Treasury.
For leave reasons (1), (2), or (3): employees taking leave shall be paid at either their regular rate or the applicable minimum wage, whichever is higher, up to $511 per day and $5,110 in the aggregate.
For leave reasons (4), (5), or (6): employees taking leave shall be paid at 2/3 their regular rate or 2/3 the applicable minimum wage, whichever is higher, up to $200 per day and $2,000 in the aggregate.
Examples:
April is a GS 11 step 8 with Raleigh-Durham locality pay. Her hourly rate of basic pay is $39.31 (or $3,144.80 biweekly = 8 hours each workday for 10 workdays). If she takes 80 hours sick leave for reasons 1, 2, or 3, she will receive full normal pay. If she takes sick leave for reasons 4, 5, or 6, she will receive 2/3 her regular rate up to $200 per day. Since 2/3 her regular rate of pay would exceed the daily limit ($26.34 * 8 hours = $210.72), she will receive $200 per day or a total of $2000 in aggregate for 80 hours.
Bob is a GS 13 step 4 with Rest of the U.S. locality pay. His hourly rate of basic pay is $48.09 (or $3,847.20 biweekly). If he takes 80 hours sick leave for reasons 1, 2, or 3, he will receive full normal pay. If he takes sick leave for reasons 4, 5, or 6, he will receive 2/3 his regular rate up to $200 per day. Since 2/3 his regular rate of pay would exceed the daily limit ($32.22 * 8 hours = $256.76), he will receive $200 per day or a total of $2000 in aggregate for 80 hours.
Sophie is a GS 15 step 2 with Washington, DC/Metro locality pay. Her hourly rate of basic pay is $70.66 ($565.28 for an 8-hour day or $5,652.80 biweekly). If she takes 80 hours sick leave for reasons 1, 2, or 3, she will only receive $511 per day for a total of $5,110 in aggregate for 80 hours. If she takes sick leave for reasons 4, 5, or 6, she will receive 2/3 her regular rate up to $200 per day. Since 2/3 her regular rate of pay would exceed the daily limit ($47.34 * 8 hours = $378.74), she will receive $200 per day or a total of $2000 in aggregate for 80 hours.
Q: Who is a “health care provider” for purposes of determining individuals whose advice to self-quarantine due to concerns related to COVID-19 can be relied on as a qualifying reason for FFCRA paid sick leave?
A: The term “health care provider,” means a licensed doctor of medicine, nurse practitioner, or other health care provider who is permitted to issue a certification for purposes of FMLA.
Q: When am I eligible for FFCRA paid sick leave to self-quarantine?
A: You are eligible for paid sick leave if a health care provider directs or advises you to stay home or otherwise quarantine yourself because the health care provider believes you may have COVID-19 or are particularly vulnerable to COVID-19, and quarantining yourself based upon this advice prevents you from working (or teleworking).
Q: May I take 80 hours of FFCRA paid sick leave for my self-quarantine and then an additional amount of paid sick leave for another reason provided under the Act?
A: No. You may take up to two weeks - or ten days - (80 hours for a full-time employee, or for a part-time employee, the number of hours equal to the average number of hours the employee works over a typical two-week period) of paid sick leave for any combination of qualifying reasons. However, the total number of hours for which you receive paid sick leave is capped at 80 hours.
Q: May I take paid sick leave under FFCRA intermittently?
A: It depends.
Employees on Telework (i.e., agreement in place or required under COOP or evacuation orders)
If you are unable to telework your normal schedule of hours due to one of the qualifying reasons in the Act, you may take intermittent leave if you and your supervisor agree.
Employees at the usual worksite (i.e., not teleworking)
It cannot be taken intermittently if the leave is being taken because:
You are subject to a Federal, State, or local quarantine or isolation order related to COVID-19;
You have been advised by a health care provider to self-quarantine due to concerns related to COVID-19;
You are experiencing symptoms of COVID-19 and seeking a medical diagnosis;
You are caring for an individual who either is subject to a quarantine or isolation order related to COVID-19 or has been advised by a health care provider to self-quarantine due to concerns related to COVID-19; or
You are experiencing any other substantially similar condition specified by the Secretary of Health and Human Services.
Once you begin taking paid sick leave for one or more of these qualifying reasons, you must continue to take paid sick leave each day until you either: (1) use the full amount of paid sick leave; or (2) no longer have a qualifying reason for taking paid sick leave. This limit is imposed to prevent spread of the virus to others.
If you and your supervisor agree, you may take intermittent leave to care for your child whose school or place of care is closed, or whose childcare provider is unavailable, because of COVID-19 related reasons. This includes a school or place of care for a child 18 years of age or older with a disability.
If you have questions about how this guidance applies to you, feel free to reach out to us at info@nteu280.org.