Emergency Sick Leave & Paid Expanded Family Medical Leave

Additional Paid Leave Provided by
The Families First Coronavirus Response Act


PS Form 3971
(Leave Slip) example showing completion for Emergency Sick Leave for yourself, reasons 1 - 3 below.

PS Form 3971 (Leave Slip) example showing completion for Emergency Sick Leave for other reasons 4 - 6 below.

PS Form 3971 (Leave Slip) example showing completion for Expanded Paid Family Medical Leave (Child Care Issues)


Department of Labor
Families First Coronavirus Response Act: Questions and Answers
Interactive PDF


Code of Federal Regulations
29 C.F.R-April 23, 2020

§826.50   Intermittent leave.

(a) General Rule. Subject to the conditions and applicable limits, an Employee may take Paid Sick Leave or Expanded Family and Medical Leave intermittently (i.e., in separate periods of time, rather than one continuous period) only if the Employer and Employee agree. The Employer and Employee may memorialize in writing any agreement under this section, but a clear and mutual understanding between the parties is sufficient.

§826.100   Documentation of need for leave.

(a) An Employee is required to provide the Employer documentation containing the following information prior to taking Paid Sick Leave under the EPSLA or Expanded Family and Medical Leave under the EFMLEA:

(1) Employee's name;

(2) Date(s) for which leave is requested;

(3) Qualifying reason for the leave; and

(4) Oral or written statement that the Employee is unable to work because of the qualified reason for leave.

(b) To take Paid Sick Leave for a qualifying COVID-19 related reason under §826.20(a)(1)(i), an Employee must additionally provide the Employer with the name of the government entity that issued the Quarantine or Isolation Order.

(c) To take Paid Sick Leave for a qualifying COVID-19 related reason under §826.20(a)(1)(ii) an Employee must additionally provide the Employer with the name of the health care provider who advised the Employee to self-quarantine due to concerns related to COVID-19.

(d) To take Paid Sick Leave for a qualifying COVID-19 related reason under §826.20(a)(1)(iv) an Employee must additionally provide the Employer with either:

(1) The name of the government entity that issued the Quarantine or Isolation Order to which the individual being care for is subject; or

(2) The name of the health care provider who advised the individual being cared for to self-quarantine due to concerns related to COVID-19.

(e) To take Paid Sick Leave for a qualifying COVID-19 related reason under §826.20(a)(1)(v) or Expanded Family and Medical Leave, an Employee must additionally provide:

(1) The name of the Son or Daughter being cared for;

(2) The name of the School, Place of Care, or Child Care Provider that has closed or become unavailable; and

(3) A representation that no other suitable person will be caring for the Son or Daughter during the period for which the Employee takes Paid Sick Leave or Expanded Family and Medical Leave.

 

April 22 OPM: Summary of Statutory and Regulatory Requirements in Connection with the Emergency Paid Sick Leave Act (EPSLA) —Application to Federal Employees

Department of Labor Webinar: The Families First Coronavirus Response Act (FFCRA)

The Families First Coronavirus Response Act (FFCRA or Act)
Wage and Hour Division - The Department of Labor

The Families First Coronavirus Response Act (FFCRA or Act) requires the Federal government to provide all of its employees with paid sick leave and, for employees who are covered under Title I of the Family and Medical Leave Act (FMLA), with expanded family and medical leave for specified reasons related to COVID-19.

These provisions will apply from April 1, 2020 through December 31, 2020.

Generally, the Act provides that covered employers must provide to all employees:

• Two weeks (up to 80 hours) of paid sick leave at the employee’s regular rate of pay where the employee is unable to work because the employee is quarantined (pursuant to Federal, State, or local government order or advice of a health care provider), and/or experiencing COVID-19 symptoms and seeking a medical diagnosis; or

• Two weeks (up to 80 hours) of paid sick leave at two-thirds the employee’s regular rate of pay because the employee is unable to
work because of a bona fide need to care for an individual subject to quarantine (pursuant to Federal, State, or local government order or advice of a health care provider), or care for a child (under 18 years of age) whose school or child care provider is closed or unavailable for reasons related to COVID-19, and/or the employee is experiencing a substantially similar condition as specified by the Secretary of Health and Human Services, in consultation with the Secretaries of the Treasury and Labor.

A covered employer must provide to employees that it has employed for at least 30 days:
• Up to an additional 10 weeks of paid expanded family and medical leave at two-thirds the employee’s regular rate of pay where an employee is unable to work due to a bona fide need for leave to care for a child whose school or child care provider is closed or unavailable for reasons related to COVID-19.

► Qualifying Reasons for Leave
Under the FFCRA, an employee qualifies for paid sick time if the employee is unable to work (or unable to telework) due to a need for leave 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 subject to an order described in (1) or self-quarantine as described in (2);
5. is caring for a child whose school or place of care is closed (or child care provider is unavailable) for reasons related to COVID-19; or
6. 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.

Under the FFCRA, an employee qualifies for expanded family leave if the employee is caring for a child whose school or place of care is closed (or child care provider is unavailable) for reasons related to COVID-19.

► Duration of Leave
For reasons (1)-(4) and (6): A full-time employee is eligible for up to 80 hours of leave, and a part-time employee is eligible for the number of hours of leave that the employee works on average over a two-week period.

For reason (5): A full-time employee is eligible for up to 12 weeks of leave at 40 hours a week, and a part-time employee is eligible for leave for the number of hours that the employee is normally scheduled to work over that period.

► Calculation of Pay
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 (over a 2-week period).

For leave reasons (4) 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 (over a 2-week period).

For leave reason (5): 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 $12,000 in the aggregate (over a 12-week period—two weeks of paid sick leave followed by up to 10 weeks of paid expanded family and medical leave). [6]

FFCRA Emergency Sick Leave and Paid Family Leave

Department of Labor FFCRA Posters

"FEDERAL EMPLOYEE RIGHTS
PAID SICK LEAVE AND EXPANDED FAMILY AND MEDICAL LEAVE
UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT
" PDF Copy

"FAMILIES FIRST CORONAVIRUS RESPONSE ACT:
EMPLOYEE PAID LEAVE RIGHTS
" PDF Copy

"FAMILIES FIRST CORONAVIRUS RESPONSE ACT:
EMPLOYER PAID LEAVE REQUIREMENTS
" PDF Copy


Mandatory Stand-Up Talk

April 2
Taking leave during COVID-19
Families First Coronavirus Response Act guidance

Effective April 1, 2020, the Families First Coronavirus Response Act (FFCRA) provides employees with two additional types of leave. These new leave entitlements are in addition to leave you are already entitled to under the Employee and Labor Relations Manual (ELM) and any applicable Memorandum of Understanding (MOUs).


USPS Families First Coronavirus Response Act

Frequently Asked Questions
March 31, 2020


USPS and NALC COVID-19 Leave Related Memorandums of Understanding

M-01911 Temporary Additional Paid Leave for CCAs

M-01910 Temporary Expanded Sick Leave for Dependent Care During COVID-19


USPS Labor Relations Letter to USPS Area Vice Presidents

M-01914 SUBJECT: Liberal Changes of Schedule and Leave


PS Form 1769
Request for Temporary Schedule Change for Personal Reason


USPS Criteria for Return to Work for Employees with Confirmed Case of COVID-19
Updated Guidance as of 04/16/2020


Joint Contract Administration Manual
Sick Leave for Dependent Care

 

Intermittent Use of Emergency Sick Leave and Expanded Paid Family Leave
& Notification and Documentation Requirements
Compiled Document