Emergency Family and Medical Leave Expansion Act FAQ
The FAQs below address leave under the Emergency Family and Medical Leave Actauthorized under H.R. 6201, the Federal Families First Coronavirus Response Act.
- What is the leave under the Emergency Family and Medical Leave Expansion Act (EFMLEA) authorized for?
Employees who have been employed by the Countyfor at least 30 calendar daysand who are unavailable to work or telework due to the need to care for their minor children (under age 18) whose schools or care providers are unavailable due to COVID-19, may receive up to 12 weeks job-protected leave.
The first 10 daysof this leave will be unpaid unlessthe employee chooses to use their Vacation Time, Sick Leave, or eligible Emergency Paid Sick Leave.
After the first 10 days, and for up to 10 workweeks, qualified employees on this leave will be compensated at their regular rate of pay for the number of their regularly scheduled work hours, up to a cap of $10,000 total.
- How should eligible employees code their leave under EFMLEA?
County Payroll is working on this process and will provide guidance before April 1, 2020.
- Is EFMLEA authorized to care for a dependent disabled adult?
No. The law does not cover dependent disabled adults. Employees can use Leave without Pay, Vacation Time, or available Floating Personal Daysto care for dependent disabled adults. Employees whose dependent disabled adult is covered under the Family and Medical Leave Act Approved Leaves of Absence Policy (HR2413), may use their Sick Leave in compliance with the policy.
- Does EFMLEA paid leave impact employees’ current paid leave balances?
No. EFMLEA paid leave is in addition to an employee's current paid leave accruals.
- How does the EFMLEA impact part-time employees?
Part-time employees are eligible for up to 10 paid workweeks at their regular rate of pay for the number of their regularly scheduled work hours, up to a cap of $10,000 total. For example, an employee who is scheduled to work 20 hours a week will be paid up to 20 hours a week for up to 10 weeks or until the cap of $10,000 is reached.
- How much paid leave under the EFMLEA is available to eligible employees?
Up to 10 workweeks with a cap of $10,000 total.
- What options do employees have who reach the $10,000 cap before they reach 10 workweeks?
Employees who earn more than $52,000 will reach the $10,000 cap before they reach 10 workweeks. Employees who reach the $10,000 cap can use Leave without Pay, Vacation Time, Sick Leave, Emergency Paid Sick Leave, or available Floating Personal Daysfor the remainder of the 10 workweeks.
- How does the EFMLEA affect current FMLA leave?
Eligible employees have up to 12 weeks FMLA and EFMLEA leave total (per consecutive 12 month period calculated as a “rolling” 12 month period measured forward from the date of any FMLA leave usage).
- What if employees have open FMLA cases and have already used FMLA leave, do they get an additional 12 weeks?
It depends. Employees who exhaust their 12 weeks of FMLA are not eligible for additional FMLA/EFMLEA leave until their FMLA leave resets at the end of their “rolling” 12 month period.
For example, employees who used six (6) weeks of FMLA are eligible for another six (6) weeks of FMLA/EFMLEA until their FMLA leave resets at the end of their “rolling” 12 month period.