Families First Coronavirus Response Act (FFCRA)

The Families First Coronavirus Response Act (FFCRA) was signed into law to address the impact of the COVID-19 pandemic and national emergency. Pursuant to the FFCRA, Indiana University will provide eligible employees with paid sick leave or emergency family and medical leave for specified reasons related to COVID-19. Because IU maintained employees’ pay status from March 23, 2020 through June 30, 2020, the leaves offered through FFCRA will apply at IU from July 1, 2020 through December 31, 2020.

How to stay paid beginning July 1, 2020

EPSL/EFMLA application guide

See below for answers to the most frequently asked questions about the FFCRA. If you have additional questions, please contact your HR representative or askHR at or 812-856-1234 for guidance and clarification.

FFCRA

What is the Families First Coronavirus Response Act (FFCRA)?

The Families First Coronavirus Response Act (FFCRA) is Federal legislation that provides two types of COVID-19-related leave to employees:

  1. Emergency Paid Sick Leave (EPSL)
  2. Emergency FMLA (EFMLA)

Please review the EPSL/EFMLA application guide for a side-by-side comparison of the two leaves offered through the FFCRA.

Last updated June 30, 2020

How long are these leaves available for use?

FFCRA leaves are available beginning July 1, 2020 through December 31, 2020.

Last updated June 26, 2020

Can I use FFCRA leaves if I am furloughed?

Not for the hours furloughed, whether paid or unpaid. For example, an employee furloughed 20 hours per week and working 20 hours per week could use 20 hours of EPSL or EFMLA for the 20 hours per week they were scheduled to work, but not for the 20 hours they are furloughed.

Last updated June 26, 2020

What is the difference between EPSL and EFMLA? How do I know which one applies?

Please review the EPSL/EFMLA application guide for a side-by-side comparison of the two leaves offered through the FFCRA.

Last updated June 30, 2020

Emergency Paid Sick Leave Act (EPSL)

Who is eligible for EPSL?

All employees (including academic, staff, and temporary employees) are eligible for this leave. In order to qualify, employees must be scheduled to work and be unable to work on campus or remotely.

Last updated June 26, 2020

What are the qualifying reasons to use this leave?

To qualify for EPSL, an employee must be unable to work on campus or remotely because they are:

  1. Subject to a Federal, State, or local quarantine or isolation order related to COVID-19;
  2. advised by a health care provider to self-quarantine related to COVID-19;
  3. experiencing COVID-19 symptoms and seeking a medical diagnosis;
  4. caring for an individual subject to an order described in (a) or subject to self-quarantine as described in (b);
  5. 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. experiencing any other substantially similar condition specified by the Secretary of Health and Human Services, in consultation with the Secretaries of Labor and Treasury.

Last updated June 26, 2020

How much EPSL do I receive?

Employees will receive up to 80 hours of EPSL, prorated for part-time and temporary employees.

Last updated June 26, 2020

Can I take my EPSL in less than full day increments or intermittently?

EPSL must be taken in full-day, consecutive blocks when the employee or someone the employee is caring for has COVID-19 or symptoms of COVID-19.

When an employee uses EPSL because their child’s school or place of care is closed due to COVID-19, the time must be taken in full-day increments only, but may be taken intermittently (e.g. an employee is off Monday, Wednesday, and Friday).

Last updated June 26, 2020

How much will I be paid for the EPSL?

Employees will be paid their regular rate of pay for the number of hours missed, up to a maximum of 80 hours.

Last updated June 26, 2020

How do I record EPSL on my timesheet?

  • For all non-exempt employees: Only Payroll Processors will be allowed to enter EPSL codes in Kuali TIME (employees and supervisors will be expected to put notes in the timesheet indicating days taken).
  • Exempt employees will enter their own EPSL codes in ePTO.

More detailed information on coding for EPSL will be available soon.

Last updated June 26, 2020

Does time that I took off for COVID-19 Illness or childcare leave (leave codes CQS/CQT/CQF or CFS/CFT/CFF) prior to July 1 count toward this leave?

Any COVID-19 time taken prior to July 1, 2020 will NOT count towards the amount of leave provided by the FFCRA.

Last updated June 26, 2020

How do I apply for this leave?

Staff and temporary employees can request a continued or new leave for any of the reasons above by completing the Request for Qualifying Leave Form.

Last updated June 26, 2020

Will I get paid for the available hours if I don’t use them?

Unused EPSL will not be paid, nor will unused leave hours carry over into 2021.

Last updated June 26, 2020

Emergency Family and Medical Leave (EFMLA)

Who is eligible for EFMLA?

All employees (including academic, staff, and temporary employees) are eligible if they:

  • Have been employed at Indiana University for at least 30 calendar days;
  • were scheduled to work and cannot work on campus or remotely because of child care needs;
  • and have NOT already exhausted their FMLA for the year.

Last updated June 26, 2020

What are the qualifying reasons for using this leave?

An employee qualifies for EFMLA if they are caring for their child whose school or place of care is closed (or child care provider is unavailable) for reasons related to COVID-19.

Last updated June 26, 2020

Does caring for step-children, grandchildren, etc. count?

Under the FFCRA, a “son or daughter” is your own child, which includes your biological, adopted, or foster child, your stepchild, a legal ward, or a child for whom you are standing in loco parentis—someone with day-to-day responsibilities to care for or financially support a child. Employees may also be off to care for their child 18 years or older who has a serious health condition and is incapable of self-care because of a mental or physical disability.

Last updated June 26, 2020

How much leave time is provided with this leave?

EFMLA provides up to 12 weeks of leave for this purpose. Note that:

  • The first two weeks are unpaid. 
    • An employee who has not used their two weeks of allotted EPSL time may use that time to cover the first two weeks of EFMLA.
    • An employee may also choose to supplement with their own accrued time off. If an employee chooses to supplement with their own accrued time off, it must be taken in the following prioritized order: 
      • Compensatory time
      • Vacation (VNL)/PTO (PNL)
      • Holiday
      • Income Protection/ PTO Sick
  • Leave taken under EFMLA counts towards an employee’s allotment of 12 weeks available to them under regular FMLA. Additionally, any FMLA leave an employee previously took in calendar year 2020 will reduce the bank of EFMLA time available.

Last updated June 26, 2020

Can I take my EFMLA in less than full day increments?

EFMLA must be taken in full-day increments.

Last updated June 26, 2020

Can I take my EFMLA intermittently, or must it be taken consecutively?

EFMLA may be taken intermittently, in full-day increments (e.g. an employee is off Monday, Wednesday, and Friday).

Last updated June 26, 2020

How much will I be paid for the EFMLA?

The first two weeks of EFMLA are unpaid. As noted above, employees may substitute unused EPSL or use their own accrued time off during those two weeks. For the following 10 weeks, as with FMLA, employees will be required to first use their accrued time off (which will count toward their regular FMLA) in this prioritized order:

  1. Compensatory time
  2. Vacation (VNL)/PTO (PNL)
  3. Holiday
  4. Income Protection/ PTO Sick

Should employees have less than a full day’s worth of accrued time off, they are entitled to pay at 2/3 their regular rate up to $200 per day and $10,000 in the aggregate over a 10-week period.

Last updated June 26, 2020

How do I record EFMLA on my timesheet?

  • For all non-exempt employees: Only Payroll Processors will be allowed to enter EFMLA codes in Kuali TIME (employees and supervisors will be expected to put notes in the timesheet indicating days taken).
  • Exempt employees will enter their own EFMLA codes in ePTO.

More detailed information on coding for EFMLA will be available soon.

Last updated June 26, 2020

Will I get paid for the available hours if I don’t use them?

Accrued time off under EFMLA is available only for eligible employees who meet the qualifying reasons listed above. Employees who do not take the leave will not be paid for the hours. Additionally, unused leave hours will not carry over into 2021.

Last updated June 26, 2020

For temporary employees, how much leave time are they eligible for and who determines that?

Supervisors will follow guidance provided by IU HR to determine eligible hours based on scheduled/expected work or average hours.

Last updated June 26, 2020

If I previously took FMLA time in calendar year 2020, how much EFMLA time will I have available to me?

Any regular FMLA time previously used in calendar year 2020 will reduce the amount of time available to you under EFMLA. For example, an employee who used four weeks of FMLA in January 2020 will only be eligible for up to eight weeks of EFMLA.

Last updated June 26, 2020

Is this leave time taken under EFMLA included in the overall FMLA limit of 12 weeks per calendar year?

Yes, the Department of Labor has specified that EFMLA is included in the regular FMLA limit. Hours used for this leave count toward overall FMLA usage for the 2020 calendar year.

Last updated June 26, 2020

Does time that I took off for COVID-19 Illness or childcare leave (leave codes CQS/CQT/CQF or CFS/CFT/CFF) prior to July 1 count toward this leave?

Any COVID-19 time taken prior to July 1, 2020 will NOT count towards the amount of leave provided by the FFCRA.

Last updated June 26, 2020

How do I apply for this leave?

To request a continued or new EFMLA leave, staff and temporary employees must complete the Request for Qualifying Leave Form.

Last updated June 26, 2020