FMLA Leave Expansion and Emergency Paid Leave per Families First Coronavirus Response Act (Procedure)

Office of Origin: Human Resources
Responsibility: Executive Director, Human Resources
Original Date Adopted: 04-01-2020
Dates Reviewed: 04-01-2020
Last Date Approved: 04-01-2020

Lake Michigan College (LMC) is committed to compliance with the Families First Coronavirus Response Act (FFCRA) to assist employees affected by the COVID-19 outbreak with job-protected leave and emergency paid sick leave.

This policy will be in effect from April 1, 2020, until December 31, 2020. LMC’s existing Family Medical Leave Act (FMLA) policy applies to all other reasons for leave outside of this policy.

Contact HR with any questions.

Definitions Used

Eligible employee: Individuals who have been employed with LMC for at least 30 days.

Child: A biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is:

  1. Under 18 years of age; or
  2. 18 years of age or older and incapable of self-care because of a mental or physical disability.

Childcare provider: A provider who receives compensation for providing childcare services on a regular basis, including:

  1. A center-based or group home childcare provider
  2. A family childcare provider (an individual who provides childcare services for less than 24 hours per day, as the sole caregiver, and in a private residence)
  3. A childcare provider that is 18 years old or older who provides childcare services to children who are either the grandchild, great grandchild, sibling (if such provider lives in a separate residence), niece, or nephew of such provider, at the direction of the parent.
  4. Other licensed provider of childcare services for compensation

“School” means an elementary or secondary school.

Type 1: Expanded FMLA Leave

Reason for Leave

Eligible employees who are unable to work (or telework) due to a need to care for their child when the school or place of care has been closed, or the regular childcare provider is unavailable due to a public health emergency with respect to COVID-19.

Duration of Leave

Eligible Employees will have up to 12 weeks of leave to use from April 1, 2020 through December 31, 2020 for the purposes stated above.

This time is included in and not in addition to the total FMLA leave entitlement of 12 weeks in a 12-month period.

For example, if an employee has already taken 6 weeks of FMLA leave, that employee would be eligible for another 6 weeks of FMLA leave under this policy.

Pay During Leave

Leave will be unpaid for the first 10 days of leave; however, employees may use any accrued paid vacation, sick or personal leave during this time. The employee may also elect to use the paid leave provided under the Emergency Paid Sick Leave Act, as further explained below.

After the first 10 days, leave will be paid at 2/3 of an employee’s regular rate of pay for the number of hours the employee would otherwise be scheduled to work. Pay will not exceed $200 per day and $10,000 in total. Any unused portion of this pay will not carry over to the next year.

For employees with varying hours, 1 of 2 methods for calculating the number of hours paid will be used:

  1. The average number of hours that the employee was scheduled per day over the 6-month period ending on the date on which the employee takes leave, including hours for which the employee took leave of any type; or,
  2. If the employee has worked less than 6 months, the expected number of hours to be scheduled per day at the time of hire.

Employee Status and Benefits During Leave

While an employee is on leave, LMC will continue the employee health benefits during the leave period at the same level and under the same conditions as if the employee had continued to work. LMC will continue to make payroll deductions to collect the employee's share of the premium while the employee is on paid leave. During any unpaid portions of leave, the employee must continue to make this payment per instructions from the Human Resources Department (HR.)

If the employee contributes to life insurance, disability, or supplemental insurance plans, LMC will continue making payroll deductions while the employee is on paid leave. During any portion of unpaid leave, the employee may request continuation of such benefits and pay her/his portion of the premiums.

Procedure for Requesting Leave

Employees requesting FMLA leave must provide written notice, where possible, of the need for leave to HR as soon as practicable. A leave request form is available on LMC’s employee portal (SharePoint) on the HR subsite page. Verbal notice will otherwise be accepted until written notice can be provided. Within 5 business days after the employee has provided this notice, HR will complete and provide the employee with any Department of Labor (DOL) required notices.

The notice the employee provides should include a brief statement as to the reason for leave and, if possible, the expected duration.

On a basis that does not discriminate against employees on FMLA leave, LMC may require an employee on FMLA leave to report periodically on the employee's status and intent to return to work.

Employee Status After Leave

Generally, an employee who takes FMLA leave will be able to return to the same position or a position with equivalent status, pay, benefits, and other employment terms.

LMC may choose to exempt certain key employees from this requirement and not return them to the same or similar position when doing so will cause substantial and grievous economic injury to business operations. Key employees will be given written notice at the time FMLA leave is requested of her/his status as a key employee.

TYPE 2: Emergency Paid Sick Leave

Reason for Leave

Eligible employees unable to work (or telework) due to one of the following reasons:

  1. The employee is subject to a federal, state, or local quarantine or isolation order related to COVID–19.
  2. The employee has been advised by a health care provider to self-quarantine due to concerns related to COVID–19.
  3. The employee is experiencing symptoms of COVID–19 and seeking a medical diagnosis.
  4. The employee is caring for an individual who is subject to either #1 or #2 above.
  5. The employee is caring for her/his child if the school or place of care of the child has been closed, or the childcare provider of such child is unavailable, due to COVID–19 precautions.
  6. The employee is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services in consultation with the Secretary of the Treasury and the Secretary of Labor.

Amount of Paid Sick Leave

All eligible full-time employees will have up to 80 hours of paid sick leave available to use for the qualifying reasons above.

Eligible part-time employees are entitled to the number of hours worked, on average, over a 2 week period.
For employees with varying hours, 1 of 2 methods for calculating the number of hours paid will be used:

  1. The average number of hours the employee was scheduled per day over the 6-month period ending on the date on which the employee takes leave, including hours for which the employee took leave of any type. Or,
  2. If the employee has worked less than 6 months, the expected number of hours to be scheduled per day at the time of hire.

Rate of Pay

Paid emergency sick leave will be paid at the employee's regular rate of pay, or minimum wage, whichever is greater, for leave taken for reasons #1-#3 above. Pay cannot exceed $511 per day and $5,110 in total for leave taken for reasons #1-#3 above.

Employees taking leave for reasons #4-#6 will be compensated at 2/3 their regular rate of pay, or minimum wage, whichever is greater. Pay cannot exceed $200 per day and $2,000 in total for leave taken for reasons #4-#6 above.

Interaction with Other Paid Leave

The employee may use the emergency paid sick leave described herein before using any other accrued paid time off for the qualifying reasons stated above.

Employees on the expanded FMLA leave described herein may use emergency paid sick leave during the first 10 days of normally unpaid FMLA leave.

Procedure for Requesting Emergency Paid Sick Leave

Employees must notify HR of the need and specific reason for leave. A leave request form is available on LMC’s employee portal (SharePoint) on the HR subsite page. Verbal notification will be accepted until practicable to provide written notice.

Once emergency paid sick leave has begun, the employee must report to HR at least bi-weekly regarding her/his status and intent to continue to receive emergency paid sick leave.

Carryover

The paid emergency sick leave described herein will not be provided beyond December 31, 2020.

Any unused paid sick leave will not carry over to the next year or be paid out to employees.

Job Protections

No employee who appropriately uses emergency paid sick leave under this policy will be discharged, disciplined, or discriminated against for work time missed due to this leave.

References: Families First Coronavirus Response Act