Families First Coronavirus Response Act (FFCRA)

Updated July 10, 2020

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Congress enacted the Families First Coronavirus Response Act (FFCRA) which allows for paid leave for employees who are unable to work or telework due to various circumstances surrounding COVID-19.

Effective June 1, all employees who need to use FFCRA leave will submit appropriate documentation to substantiate the use of this type of leave. A request can be made to absence@okstate.edu for the appropriate paperwork. Our team will process these requests and filter information out to employees and departments as appropriate upon approval. If you exhausted all of your FFCRA leave prior to June 1, you will not need to complete a form for the leave previously taken. If you need an accommodation under the Americans with Disabilities Act (ADA) related to COVID-19, please contact the Office of Equal Opportunity at 405-744-7607 or eeo@okstate.edu. A reasonable accommodation is a modification or adjustment to a job, the work environment, or the way things are usually done.

Beginning April 1, 2020, all employees (faculty, regular employees, student employees, temporary employees, work-study employees, GRAs and GTAs) regardless of length of employment with the university, are eligible for up to two weeks of paid leave at up to 100 percent of their regular pay rate (80 hours for full-time, pro-rated based on assignment for part-time employees) for the following qualifying reasons 1-3:

Reason #

Reason for Leave

Length of Emergency Paid Leave

Amount of Salary to Be Paid

How to Enter Into Banner Time/Leave System

1

The employee is quarantined (pursuant to Federal, State, or local government order)

Full-time = 80 hours

Part-time = 2 weeks

100% (up to $511 daily cap and/or $5,100 total cap)

Enter time as “COVID Employee Sick”

2

The employee is quarantined (at advice of a health care provider)

Full-time = 80 hours

Part-time = 2 weeks

100% (up to $511 daily cap and/or $5,100 total cap)

Enter time as “COVID Employee Sick”

3

The employee is quarantined experiencing COVID-19 symptoms and seeking a medical diagnosis

Full-time = 80 hours

Part-time = 2 weeks

100% (up to $511 daily cap and/or $5,100 total cap)

Enter time as “COVID Employee Sick”

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 for the qualifying reasons 4-6:

Reason #

Reason for Leave

Length of Emergency Paid Leave

Amount of Salary to Be Paid

How to Enter Into Banner Time/Leave System

4

The employee needs to care for an individual subject to quarantine (pursuant to Federal, State, or local government order or advice of a health care provider),

Full-time = 80 hours

Part-time = 2 weeks

2/3 of regular rate (up to $200 daily cap and/or $10,000 total cap)

Employee’s accrued leave will be substituted for the remaining 1/3 unless noted otherwise.

Enter time as “COVID Others/Dep Care”

5

The employee needs to 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

Full-time = 80 hours

Part-time = 2 weeks

2/3 of regular rate (up to $200 daily cap and/or $10,000 total cap)

Employee’s accrued leave will be substituted for the remaining 1/3 unless noted otherwise.

Enter time as “COVID Others/Dep Care”

6

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.

Full-time = 80 hours

Part-time = 2 weeks

2/3 of regular rate (up to $200 daily cap and/or $10,000 total cap)

Employee’s accrued leave will be substituted for the remaining 1/3 unless noted otherwise.

Enter time as “COVID Others/Dep Care”

Expanded Family and Medical Leave

Under the FFCRA, an additional 10 weeks of paid expanded family and medical leave at two-thirds the employee’s regular rate of pay will be provided to an employee, (a) who has been employed for at least 30 calendar days, and (b) 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. Employees who have previously exhausted their Family and Medical Leave (FMLA) within the past 12 months are not eligible for additional leave under this provision. Please contact absence@okstate.edu or your departmental HR contact for additional questions regarding eligibility.

Below are some examples that may assist with determining how to utilize leave under the new FFCRA:  

Example #1: An employee’s circumstances at home with child(ren) does not allow them to come to work on campus or telecommute while public schools are closed.  

  • Employee should enter COVID Other/Dependent Care on his/her Banner time sheet or leave report. This will calculate pay at 2/3 of the employee’s rate up to the daily and total caps. The remaining 1/3 will be defaulted to pull from the employee’s accrued leave balances. If you do not want leave to be supplemented for the remaining 1/3, please contact your HR Consultant 

 

Example #2: An employee is ill and seeking medical treatment due to symptoms of the COVID-19 virus. 

  • Employee should enter COVID Employee Sick on his/her Banner time sheet or leave report. This will calculate pay at 100% of the employee’s regular pay rate up to the daily and total caps. If additional leave is necessary beyond two weeks, EE should enter Sick Leave on the Banner time sheet or leave report.  

 

Example #3: An employee is in a “high-risk” group as defined by the CDC or Governor Stitt’s order. 

  • Employee should enter COVID Employee Sick on his/her Banner time sheet or leave report. This will calculate pay at 100% of the employee’s regular pay rate up to the daily and total caps. If additional leave is necessary beyond two weeks, EE should enter Sick Leave on the Banner time sheet or leave report. 

 

Example #4: Employee is able to work part of the day either via telecommuting or coming on campus. The other part of the day, they are needed to care for their child(ren) due to the closure of public schools. How does this leave apply? 

  • The time the employee is able to work will be considered hours worked. The other time when caring for children will be entered as COVID Other/Dependent Care on his/her Banner time sheet or leave report. This will calculate pay at 2/3 of the employee’s rate up to the daily and total caps. The remaining 1/3 will be defaulted to pull from the employee’s accrued leave balances. If you do not want leave to be supplemented for the remaining 1/3, please contact your HR Consultant. 

 

Example #5: I am a student employee. Am I eligible for this leave? 

  • Yes. Leave eligibility will be based on the regular scheduled work hours, or based on an average number of hours if the regular schedule is unknown. Time should be entered as COVID Employee Sick on the Banner time sheet if due to leave reasons #1-3, or COVID Other/Dependent Care if for leave reasons #4-6.

 

Example #6: I am a temporary employee. Am I eligible for this leave? 

  • Yes. Leave eligibility will be based on the regular scheduled work hours, or based on an average number of hours if the regular schedule is unknown. Time should be entered as COVID Employee Sick on the Banner time sheet if due to leave reasons #1-3, or COVID Other/Dependent Care if for leave reasons #4-6. 

 

Example #7: I am a GTA or GRA. Am I eligible for this leave? 

  • Graduate teaching and research assistants are eligible for coverage under the Act due to their employment status.  If you have a need for such leave as covered by the Act, you would enter leave under COVID Employee Sick or COVID Other/Dependent Care.  Please note that your eligibility will be in place for the duration of your GRA/GRA assignment.

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Example #8: I am currently out of the office due to a non-COVID-19 absence under the Family and Medical Leave Act (FMLA). How do I report this? 

  • Continue to report your time as instructed under the Family and Medical Leave category on your time sheet or leave report. 

 

Example #9: I am on admin leave because telework is not available.  I am also in a situation that qualifies for one of the FFCRA reasons listed above. Now what?

        If an employee is not working because telework is not an option for their position, they would not
       qualify for FFCRA and should continue to use admin leave.

 

Example #10: I am on admin leave because my position is not eligible for teleworking. My manager calls and asks me to come into work for 4 hours.  I am unable to do so due to one of the FFCRA categories listed above. Am I eligible for FFCRA leave?

         This employee would qualify under FFCRA because they were called into work but could not make it due to a qualifying FFCRA reason. The 4 hours not worked in this case should be recorded using FFCRA

        instead of admin leave.

 

Example #11: Am I required to return to the office if my supervisor has asked me to come back to work onsite as part of a phased return plan?

      If your work is now to be carried out on campus (or at another OSU satellite location) the university expects you to return. However, there are some reasons you would not return at this time: 

  • You are caring for someone with a confirmed case of COVID-19, in which case they are required to self-isolate.
  • You have been instructed to refrain from attending work by OSU or public health officials or a health care provider.
  • You are caring for a child (under 18 years of age) whose school or child care provider is closed or unavailable for reasons related to COVID-19.
  • You are in a “high risk” group as defined by the CDC or Governor Stitt’s order.
  • You are experiencing symptoms of COVID-19.

Example #12: I have been at home with my school-age child due to school closures, but the homeschooling academic year has now endedWhat am I expected to do? 

  • It is the expectation that employees should be able to return to work either via telecommuting or working on campus, as directed by the department, once your child’s originally scheduled academic year comes to an end.  

 

Example #13: The summer camps/childcare I had planned for my family have been cancelled/postponed for reasons related to COVIDUntil I can find a suitable alternative, how should I report my absence from work? 

  • If applicable, continued telecommuting options can be discussed with your supervisor. For all time not worked (up to your regularly scheduled hours), employees should continue to enter COVID Other/Dependent Care on their Banner time sheet or leave report until such point childcare is secured. If you are an employee who has been on administrative leave up to this point because your position is not eligible for telecommuting, please be aware that administrative leave will no longer apply once work is available to you (on-campus or telecommuting opportunity), and you will now enter COVID Other/Dependent for all hours not worked (up to your regularly scheduled hours). Please review and become familiar with our FFCRA webpage so you can anticipate how your accrued leave will be impacted. 

 

Example #14: What are my options if I do not feel comfortable returning to campus at this time?

  • Employees should bring their concerns to their supervisor and discuss options available to support the work needing to be done while supporting health and safety of our employees. HR can also provide support in facilitating conversations with supervisors and employees to determine needs and accommodations available to meet those needs. Possible accommodations may range from continuing telework arrangements to office restructuring, possible schedule rotations, to approving temporary use of appropriate accrued leave. Any request for accommodation for a disability should comply with the Americans with Disabilities Act in coordination with the Office of Equal Opportunity.

 

Example #15: I am currently on administrative leave with my department and have been asked to do work for another area on campus. 

  • In the event of temporary suspension of services within a unit or office/building closure, impacted staff and faculty will be asked to work from another location, if possible.  This could mean telecommuting or working in another University area while ensuring social distancing protocols are met. 

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OSU Human Resources developed this information for the convenience of OSU employees. It is a brief interpretation of more detailed and complex materials. If further clarification is needed, the actual law and policy should be consulted as the authoritative source. OSU continually monitors benefits, policy, and procedures and reserves the right to change, modify, amend, or terminate programs at any time, with or without notice.