FFCRA Overview Supervisory Training July 2020 FFCRA Training - - PowerPoint PPT Presentation

FFCRA Overview Supervisory Training July 2020

FFCRA Training Objectives

The objective of this training is to provide TCL Supervisors with a general understanding of the Families First Coronavirus Response Act (FFCRA) which was signed into law on March 18, 2020, and took effect on April 1, 2020. The FFCRA and its two associated leave acts (Emergency Paid Sick Leave Act and Emergency Family and Medical Leave Expansion Act) provide temporary relief to eligible employees affected by the COVID-19 pandemic. This training will equip you with the knowledge that you need as it relates to supervising your employees who may be impacted by the COVID-19 pandemic and providing guidance to them on the FFCRA leave request process for TCL employees.

What is FFCRA?

• Q4intelligence. “FFCRA-Company Message” Vimeo, April 13, 2020,

https://vimeo.com/407298792

Families First Coronavirus Response Act (FFCRA) Overview

• Signed into law March 18, 2020 and includes two leave

components

• Emergency Paid Sick Leave Act (EPSL)
• Emergency Family and Medical Leave Expansion Act (EFMLA)
• Effective April 1, 2020 • Expires December 31, 2020
• Enforced by the U.S. Department of Labor, Wage and Hour

Division (WHD)

Qualifying Reasons for Leave under FFCRA

An employee is entitled to take leave between April 1, 2020 and December 31, 2020 if the employee is unable to work (including telework) because the employee: 1. Is subject to a federal, state, or local quarantine or isolation order related to COVID-19, 2. Has been advised by a health care provider to self-quarantine related to COVID- 19, 3. Is experiencing COVID-19 symptoms and is seeking a medical diagnosis, 4. Is caring 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 related to COVID-19, 5. Is caring for his or her child whose school or place of care is closed (or child care provider is unavailable) due to COVID-19 related reasons, or 6. Is experiencing any other substantially-similar condition specified by the U.S. Department of Health and Human Services

Under the Families First Coronavirus Response Act, the Emergency Paid Sick Leave Act (EPSL) was created. Let’s learn more about this act and how it may impact qualifying employees.

Emergency Paid Sick Leave Act (EPSL) Benefit Basics

• Who Is Eligible?

All employees who work for a covered employer (with a few exceptions for healthcare workers and emergency responders) are eligible to apply for EPSL if they cannot work (including telework) for qualifying reasons.

• Reasons for Leave?

There are six qualifying COVID-19 related reasons for job-protected leave (refer to next two slides).

• Is EPSL Paid Leave?

Entitlement to paid sick leave over a 2-week period is based on qualifying reason.

• For full-time employees, it is based on their scheduled hours of work

up for 2 weeks up to 80 hours .

• Part-time employees may receive paid leave based on the average

number of hours that they would normally work over a 2-week period.

EPSL– Rate of Pay for Reasons 1-3

Under EPSL, the employee is paid at their regular rate of pay for leave hours taken (up to 2 weeks or up to 80 hours) for the reasons listed below because the employee cannot work (including telework) because the employee: 1. Is subject to a federal, state, or local quarantine or isolation order related to COVID-19, 2. Has been advised by a health care provider to self-quarantine related to COVID-19, or 3. Is experiencing COVID-19 symptoms and is seeking a medical diagnosis Note: Total pay under EPSL is capped at $511 per day or $5,110 in total. The above reasons for EPSL are not eligible to be taken intermittently.

EPSL– Rate of Pay for Reasons 4-6

Under EPSL, the employee is paid at two-thirds of the regular rate of pay (for up to 2 weeks or up to 80 hours) for leave hours taken when the employee cannot work (including telework) because the employee: 4. Is caring for an individual subject to a federal, state, or local quarantine

• r isolation order related to COVID-19,

5. Is caring for his or her child whose school or place of care is closed (or child care provider is unavailable) due to COVID-19 related reasons, or 6. Is experiencing any other substantially-similar condition specified by the U.S. Department of Health and Human Services. Note: Total pay capped at $200 per day or $2,000 in total.

Before diving into The Emergency Family and Medical Leave Expansion Act 2020 (EFMLA), let’s review The Family and Medical Leave Act 1993 (FMLA)

Family and Medical Leave Act (1993)

Under FMLA, eligible employees may take up to 12 workweeks of unpaid, job- protected leave in a 12-month period for one or more of the following reasons:

• The birth of a son or daughter or placement of a son or daughter with the

employee for adoption or foster care;

• To care for a spouse, son, daughter, or parent who has a serious health condition;
• For a serious health condition that makes the employee unable to perform the

essential functions of his or her job; or

• For any qualifying exigency arising out of the fact that a spouse, son, daughter, or

parent is a military member on covered active duty or call to covered active duty status. Please Note: Eligible employees must have worked for a covered employer for at least 12 months and must have worked at least 1,250 hours in the 12 months preceding the leave request. TCL policy defines the 12 month period as the calendar year and requires that employees use accrued available paid leave concurrent with FMLA.

Emergency Family and Medical Leave Expansion Act (EFMLA)

The EFMLA expands the original FMLA temporarily (April 1, 2020 – December 31,2020) to include the following qualifying reason for leave:

• Reason: An employee cannot work (or telework) because of the need

to care for a son or daughter under age 18 (or disabled son or daughter over age 18), whose school, child care facility or child care provider is closed or unavailable due to COVID-19 related reasons.

• Eligibility: To be eligible, an employee must have been employed for at

least 30 calendar days with TCL in order to request EFMLA leave or the employee must have been employed by another SC State Agency and transferred to TCL with a combined total of 30 calendar days or more. Note: there are a few exceptions to eligibility for those persons who are health care providers and emergency responders.

Emergency Family and Medical Leave Expansion Act (EFMLA)

• Provides up to 12 workweeks of job-protected leave (note: use of EFMLA counts

towards FMLA 12 week entitlement for calendar year 2020 and is not in addition to FMLA entitlement)

• Initial 2 weeks of EFMLA leave are unpaid but may be augmented with EPSL and/or

available accrued paid leave time (such as annual, sick, compensatory or banked holiday leave)

• Remaining 10 weeks of EFMLA leave is paid at two-thirds the employee’s regular rate
• f pay and may be augmented with available paid leave time (such as annual, sick,

compensatory or banked holiday leave) and is subject to the daily and cumulative limits listed below.

• May be taken in continuous weeks or intermittently depending on the circumstances

regarding need for leave.

• Pay limits under EFMLA are no more than $200 a day or $10,000 cumulative total

under EFMLA

Help Is Here!

• We have created a resource page for you to reference. Click here to review.
• We will walk through the decision tree on the next slide to guide you through this process.
• As seen on the decision tree on the next slide, the TCL Human Resources Team will provide

FFCRA request forms and instructions to the requester for completion and submission. Once a determination is made, the requester will receive an EPSL and EFMLA Designation Form which provides the determination (approved or denied) along with reason and dates

• approved. If approved, we will then advise the supervisor and department/division leader via

email and provide you with the name of the employee, whether the leave is continuous or intermittent and the leave dates.

• Communication is key. Communicate any additional FFCRA leave process questions to the TCL

Human Resources Team and we will be glad to answer or assist in any way that we can (while maintaining HIPAA privacy for the employee). We can be reached at sdouglas@tcl.edu or soneal@tcl.edu.

FRAUDULENT REPORTING

Reporting fraudulent exposure, illness or school/daycare closing related to COVID-19 may result in termination of employment.

FFCRA LEAVE REQUEST DECISION TREE FOR SUPERVISORS

FFCRA Leave Request and Approval Process

Step 1 - Employee Contact TCL HR to discuss need for leave under FFCRA by calling 843-525-8364 or via email at sdouglas@tcl.edu. Step 2 - Employee is provided with EPSL and EFMLA Leave Request Form for completion and submitted back to HR within 48 hrs. Please provided documentation if required. Step 3 - A TCL HR representative will contact the Supervisor and Department Head/Division Leader to confirm that the employee cannot perform work, including telework. Step 4 - A decision is provided to the employee along with an EPSL and EFMLA Leave designation form within 5 business days of receipt of the completed request and required documents. Step 5 - Once the leave request is approved, the Supervisor and Department Head/Division Leader is notified by the TCL HR representative via email, dates of leave and if the leave is to be taken continuously or intermittently. HR will enter in your EPSL and EFMLA leave in eLeave.

Important Reminders for Supervisors

Good news! As a supervisor, you are not responsible for performing the following tasks: Leave Projections and Pay Calculations Figuring salary calculations and leave amounts can be a complex

• process. There are many factors which may impact the final
• calculation. As such, please be aware that it is not your

responsibility as a supervisor to provide salary calculations, leave amounts or other pay related projections for your employees as it relates to leave under FFCRA( EPSL or EFMLA).

Please refer all questions from your employee related to EPSL and EFMLA leave payments and calculations and/or leave determinations to the TCL Human Resources Team at sdouglas@tcl.edu or soneal@tcl.edu.

Important Reminders for Supervisors Continued…

Good news! As a supervisor, you are not responsible for performing the following tasks:

Leave Determinations Determinations regarding leave requests are not your responsibility as a

• supervisor. The employee’s eligibility under the federal leave laws and

TCL policy will be determined after submission of their EPSL and EFMLA Leave Request Form. Supervisors cannot make a determination on leave requests and should not attempt to do so. Please refer all questions from your employee related to EPSL and EFMLA leave payments and calculations and/or leave determinations to the TCL Human Resources Team at sdouglas@tcl.edu or soneal@tcl.edu.

Presentation Disclaimer

This training on FFCRA was created based on information and guidance available to the TCL Human Resources Team as of 06/3/2020. As information changes, this training may not include the latest updates or modifications to

• FFCRA. Please refer questions related to FFCRA to the TCL Human Resources

Department at 843-525-8253 or sdouglas@tcl.edu and soneal@tcl.edu to ensure that you are aware of any future updates or modifications to information contained in this presentation.

For questions related to FFCRA, please contact your TCL HR Team HR Benefits Manager Susanne Douglas, sdouglas@tcl.edu 843-525-8364 HR Director Sharon O’Neal, soneal@tcl.edu 843-525-8248

RESOURCE LINKS

FFCRA DHEC’s Guidance on Return Work Centers for Disease Control and Prevention’s Reopen Guidance on Cleaning and Disinfecting TCL COVID19 Employee Resource Page