1. Who is eligible for Emergency Paid Sick Leave and Expanded Family and Medical Leave?
Current employees of ETSU are eligible to request Emergency Paid Sick Leave.
Employees who have been employed at ETSU for 30 or more days are eligible to request Expanded Family and Medical Leave.
On September 16, 2020, the Department of Labor released new guidance on the Families First Coronavirus Response Act, including an revised definition of health care provider that may be exempted from the FFCRA provisions. Please see FAQ #3 regarding the revised definition of health care provider. No changes were made to the definition of an emergency responder that may be exempted from FFCRA provisions.
Human Resources reserves the right to exempt other employees from the FFCRA as more information is provided by the DOL.
2. What is the effective date of the Families First Coronavirus Response Act (FFCRA)?
The FFCRA’s paid leave provisions are effective on April 1, 2020, and apply to leave taken between April 1, 2020, and December 31, 2020. They do not apply retroactively.
3. Who is a “health care provider” who may be excluded by their employer from paid sick leave and/or expanded family and medical leave?
For the purposes of defining the set of employees who may be excluded from taking paid sick leave or expanded family and medical leave by their employer under the FFCRA, a health care provider includes two groups.
This first group is anyone who is a licensed doctor of medicine, nurse practitioner,
or other health care provider permitted to issue a certification for purposes of the
FMLA.
The second group is any other person who is employed to provide diagnostic services,
preventive services, treatment services, or other services that are integrated with
and necessary to the provision of patient care and, if not provided, would adversely
impact patient care. This group includes employees who provide direct diagnostic,
preventive, treatment, or other patient care services, such as nurses, nurse assistants,
and medical technicians. It also includes employees who directly assist or are supervised
by a direct provider of diagnostic, preventive, treatment, or other patient care services.
Finally, employees who do not provide direct heath care services to a patient but
are otherwise integrated into and necessary to the provision those services—for example,
a laboratory technician who processes medical test results to aid in the diagnosis
and treatment of a health condition—are health care providers.
4. Who is an emergency responder who may be excluded by their employer from paid sick leave and/or expanded family and medical leave?
For the purposes of employees who may be excluded from paid sick leave or expanded family and medical leave by their employer under the FFCRA, an emergency responder is an employee who is necessary for the provision of transport, care, health care, comfort, and nutrition of such patients, or whose services are otherwise needed to limit the spread of COVID-19. This includes but is not limited to military or national guard, law enforcement officers, correctional institution personnel, fire fighters, emergency medical services personnel, physicians, nurses, public health personnel, emergency medical technicians, paramedics, emergency management personnel, 911 operators, public works personnel, and persons with skills or training in operating specialized equipment or other skills needed to provide aid in a declared emergency as well as individuals who work for such facilities employing these individuals and whose work is necessary to maintain the operation of the facility. This also includes any individual that the highest official of a state or territory, including the District of Columbia, determines is an emergency responder necessary for that state’s or territory’s or the District of Columbia’s response to COVID-19.
5. If I am unable to work from home, and I am home with my child because his or her school or place of care is closed, or child care provider is unavailable, do I get paid sick leave, expanded family and medical leave, or both—how do they interact?
You may be eligible for both types of leave, but only for a total of twelve weeks of paid leave. You may take both paid sick leave and expanded family and medical leave to care for your child whose school or place of care is closed, or child care provider is unavailable, due to COVID-19 related reasons. The Emergency Paid Sick Leave Act provides for an initial two weeks of paid leave. This period thus covers the first ten workdays of expanded family and medical leave, which are otherwise unpaid under the Emergency and Family Medical Leave Expansion Act unless you elect to use existing vacation, personal, or medical or sick leave under your employer’s policy. After the first ten workdays have elapsed, you will receive 2/3 of your regular rate of pay for the hours you would have been scheduled to work in the subsequent ten weeks under the Emergency and Family Medical Leave Expansion Act.
Please note that you can only receive the additional ten weeks of expanded family and medical leave under the Emergency Family and Medical Leave Expansion Act for leave to care for your child whose school or place of care is closed, or child care provider is unavailable, due to COVID-19 related reasons.
6. Is all leave under the FMLA now paid leave?
No. The only type of family and medical leave that is paid leave is expanded family and medical leave under the Emergency Family and Medical Leave Expansion Act when such leave exceeds ten days. This includes only leave taken because the employee must care for a child whose school or place of care is closed, or child care provider is unavailable, due to COVID-19 related reasons.
7. What documents do I need to give my employer to get paid sick leave or expanded family and medical leave?
An employee must provide his or her employer documentation in support of paid sick leave or expanded family and medical leave. Such documentation must include a signed statement containing the following information:
(1) the employee’s name;
(2) the date(s) for which leave is requested;
(3) the COVID-19 qualifying reason for leave; and
(4) a statement representing that the employee is unable to work or telework because of the COVID-19 qualifying reason.
An employee must provide additional documentation depending on the COVID-19 qualifying reason for leave.
Reason 5 – To request expanded family and medical leave to care for his or her child, the employee must provide the following information:
(1) the name of the child being care for;
(2) a notice from the school, place of care, or child care provider that closed or became unavailable due to COVID-19 reasons;
(3) a statement representing that no other suitable person is available to care for the child during the period of requested leave.
Please also note that all existing certification requirements under the FMLA remain
in effect if you are taking leave for one of the existing qualifying reasons under
the FMLA. For example, if you are taking leave beyond the two weeks of emergency paid
sick leave because your medical condition for COVID-19-related reasons rises to the
level of a serious health condition, you must continue to provide medical certifications under
the FMLA if required by your employer.
8. What does it mean to be unable to work, including telework for COVID-19 related reasons?
You are unable to work if your employer has work for you and one of the COVID-19 qualifying reasons set forth in the FFCRA prevents you from being able to perform that work, either under normal circumstances at your normal worksite or by means of telework.
If you and your employer agree that you will work your normal number of hours, but outside of your normally scheduled hours (for instance early in the morning or late at night), then you are able to work and leave is not necessary unless a COVID-19 qualifying reason prevents you from working that schedule.
9. May I take my paid sick leave or expanded family and medical leave intermittently while teleworking? May I take my paid sick leave intermittently while working at my usual worksite (as opposed to teleworking)?
Emergency Paid Sick Leave may be taken intermittently. Expanded Family Medical Leave may be taken intermittently depending upon the need due to childcare closures.
10. If my employer reduces my scheduled work hours, can I use paid sick leave or expanded family and medical leave for the hours that I am no longer scheduled to work?
No. If your employer reduces your work hours because it does not have work for you to perform, you may not use paid sick leave or expanded family and medical leave for the hours that you are no longer scheduled to work. This is because you are not prevented from working those hours due to a COVID-19 qualifying reason, even if your reduction in hours was somehow related to COVID-19.
11. As an employee, may I use my employer’s preexisting leave entitlements in conjunction with my FFCRA paid sick leave and expanded family and medical leave to receive my full pay?
Yes. If you are eligible to take paid sick leave or expanded family and medical leave under the FFCRA, as well as paid leave that is already provided by your employer, you have the option to take both types of leave. You must simultaneously take both, if your employer agrees to allow you to supplement the amount you receive from paid sick leave or expanded family and medical leave under the FFCRA, up to your normal earnings, with preexisting leave. For example, if you are receiving 2/3 of your normal earnings from paid sick leave or expanded family and medical leave under the FFCRA and your employer permits, you must use your preexisting employer-provided paid leave to get the additional 1/3 of your normal earnings so that you receive your full normal earnings for each hour.
12. Who is a son or daughter?
Under the FFCRA, a “son or daughter” is your own child, which includes your biological, adopted, or foster child, your stepchild, a legal ward, or a child for whom you are standing in loco parentis—someone with day-to-day responsibilities to care for or financially support a child.
13. May I use paid sick leave and expanded family and medical leave together for any COVID-19 related reasons?
No. The Emergency Family and Medical Leave Expansion Act applies only when you are on leave to care for your child whose school or place of care is closed, or whose child care provider is unavailable, due to COVID-19 related reasons. However, you can take paid sick leave under the Emergency Paid Sick Leave Act for numerous other reasons.
14. What is a full-time employee under the Emergency Paid Sick Leave Act?
For purposes of the Emergency Paid Sick Leave Act, a full-time employee is an employee who is normally scheduled to work 40 or more hours per week.
In contrast, the Emergency Family and Medical Leave Expansion Act does not distinguish between full- and part-time employees, but the number of hours an employee normally works each week will affect the amount of pay the employee is eligible to receive.
15. What is a part-time employee under the Emergency Paid Sick Leave Act?
For purposes of the Emergency Paid Sick Leave Act, a part-time employee is an employee who is normally scheduled to work fewer than 40 hours per week.
In contrast, the Emergency Family and Medical Leave Expansion Act does not distinguish between full- and part-time employees, but the number of hours an employee normally works each week affects the amount of pay the employee is eligible to receive.
16. I am an employee. I become ill with COVID-19 symptoms, decide to quarantine myself for two weeks, and then return to work. I do not seek a medical diagnosis or the advice of a health care provider. Can I get paid for those two weeks under the FFCRA?
Generally no. If you become ill with COVID-19 symptoms, you may take paid sick leave
under the FFCRA only to seek a medical diagnosis or if a health care provider otherwise
advises you to self-quarantine. If you test positive for the virus associated with
COVID-19 or are advised by a health care provider to self-quarantine, you may continue
to take paid sick leave. You may not take paid sick leave under the FFCRA if you unilaterally
decide to self-quarantine for an illness without medical advice, even if you have
COVID-19 symptoms. Note that you may not take paid sick leave under the FFCRA if you
become ill with an illness not related to COVID-19. Depending on your employer’s expectations
and your condition, however, you may be able to telework during your period of quarantine.
17. When am I eligible for paid sick leave to care for someone who is subject to
a quarantine or isolation order?
You may take paid sick leave to care for an individual who, as a result of being subject
to a quarantine or isolation order, is unable to care for him or herself and depends
on you for care and if providing care prevents you from working and from teleworking.
Furthermore, you may only take paid sick leave to care for an individual who genuinely needs your care. Such an individual includes an immediate family member or someone who regularly resides in your home. You may also take paid sick leave to care for someone if your relationship creates an expectation that you would care for the person in a quarantine or self-quarantine situation, and that individual depends on you for care during the quarantine or self-quarantine.
You may not take paid sick leave to care for someone with whom you have no relationship. Nor can you take paid sick leave to care for someone who does not expect or depend on your care during his or her quarantine or self-quarantine.
18. Can I take paid sick leave to care for any individual who is subject to a quarantine or isolation order or who has been advised to self-quarantine?
No. You may take paid sick leave under the FFCRA to care for an immediate family member
or someone who regularly resides in your home. You may also take paid sick leave under
the FFCRA to care for someone where your relationship creates an expectation that
you care for the person in a quarantine or self-quarantine situation, and that individual
depends on you for care during the quarantine or self-quarantine.
However, you may not take paid sick leave under the FFCRA to care for someone with whom you have no relationship. Nor can you take paid sick leave under the FFCRA to care for someone who does not expect or depend on your care during his or her quarantine or self-quarantine due to COVID-19.
19. When am I eligible for paid sick leave to care for someone who is self-quarantining?
You may take paid sick leave to care for a self-quarantining individual if a health care provider has advised that individual to stay home or otherwise quarantine him or herself because he or she may have COVID-19 or is particularly vulnerable to COVID-19 and provision of care to that individual prevents you from working (or teleworking).
20. May I take paid sick leave or expanded family and medical leave to care for my child who is 18 years old or older?
It depends. Under the FFCRA, paid sick leave and expanded family and medical leave
include leave to care for one (or more) of your children when his or her school or
place of care is closed or child care provider is unavailable, due to COVID-19 related
reasons. This leave may only be taken to care for your non-disabled child if he or
she is under the age of 18. If your child is 18 years of age or older with a disability
and cannot care for him or herself due to that disability, you may take paid sick
leave and expanded family and medical leave to care for him or her if his or her school
or place of care is closed or his or her child care provider is unavailable, due to
COVID-19 related reasons, and you are unable to work or telework as a result.
In addition, paid sick leave is available to care for an individual who is subject to a Federal, State, or local 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. If you have a need to care for your child age 18 or older who needs care for these circumstances, you may take paid sick leave if you are unable to work or telework as a result of providing care. But in no event may your total paid sick leave exceed two weeks.
21. What is a “place of care”?
A “place of care” is a physical location in which care is provided for your child.
The physical location does not have to be solely dedicated to such care. Examples
include day care facilities, preschools, before and after school care programs, schools,
homes, summer camps, summer enrichment programs, and respite care programs.
22. Can more than one guardian take paid sick leave or expanded family and medical leave simultaneously to care for my child whose school or place of care is closed, or child care provider is unavailable, due to COVID-19 related reasons?
You may take paid sick leave or expanded family and medical leave to care for your
child only when you need to, and actually are, caring for your child if you are unable
to work or telework as a result of providing care. Generally, you do not need to take
such leave if a co-parent, co-guardian, or your usual child care provider is available
to provide the care your child needs.
23. My child’s school or place of care has moved to online instruction or to another model in which children are expected or required to complete assignments at home. Is it “closed”?
Yes. If the physical location where your child received instruction or care is now
closed, the school or place of care is “closed” for purposes of paid sick leave and
expanded family and medical leave. This is true even if some or all instruction is
being provided online or whether, through another format such as “distance learning,”
your child is still expected or required to complete assignments.
24. May I take expanded family and medical leave to care for a child other than my child?
No. Expanded family and medical leave is only available to care for your own “son
or daughter.”
25. My child’s school is operating on an alternate day (or other hybrid-attendance) basis. The school is open each day, but students alternate between days attending school in person and days participating in remote learning. They are permitted to attend school only on their allotted in-person attendance days. May I take paid leave under the FFCRA in these circumstances? (added 08/27/2020) [Updated to reflect the Department’s revised regulations which are effective as of the date of publication in the Federal Register.]
Yes, you are eligible to take paid leave under the FFCRA on days when your child is not permitted to attend school in person and must instead engage in remote learning, as long as you need the leave to actually care for your child during that time and only if no other suitable person is available to do so. For purposes of the FFCRA and its implementing regulations, the school is effectively “closed” to your child on days that he or she cannot attend in person. You may take paid leave under the FFCRA on each of your child’s remote-learning days. FAQs 20–22 further address this scenario.
26. My child’s school is giving me a choice between having my child attend in person
or participate in a remote learning program for the fall. I signed up for the remote
learning alternative because, for example, I worry that my child might contract COVID-19
and bring it home to the family. Since my child will be at home, may I take paid leave
under the FFCRA in these circumstances? (added 08/27/2020) [Updated to reflect the
Department’s revised regulations which are effective as of the date of publication
in the Federal Register.]
No, you are not eligible to take paid leave under the FFCRA because your child’s school is not “closed” due to COVID–19 related reasons; it is open for your child to attend. FFCRA leave is not available to take care of a child whose school is open for in-person attendance. If your child is home not because his or her school is closed, but because you have chosen for the child to remain home, you are not entitled to FFCRA paid leave. However, if, because of COVID-19, your child is under a quarantine order or has been advised by a health care provider to self-isolate or self-quarantine, you may be eligible to take paid leave to care for him or her.
27. When am I eligible for paid sick leave based on a “substantially similar condition” specified by the U.S. Department of Health and Human Services?
The U.S. Department of Health and Human Services (HHS) has not yet identified any
“substantially similar condition” that would allow an employee to take paid sick leave.
If HHS does identify any such condition, the Department of Labor will issue guidance
explaining when you may take paid sick leave on the basis of a “substantially similar
condition.”
For a complete list of Frequently Asked Questions regarding FFCRA, please visit the DOL's FAQ page.