Families First Coronavirus Response Act (FFCRA)

Families First Coronavirus Response Act (FFCRA)

The federal Families First Coronavirus Response Act (FFCRA) was enacted in March 2020 to address the impact of the Coronavirus pandemic on the U.S. community. It includes two acts (effective April 1, 2020) that apply to the University and provide paid leave benefits to University employees. This regulation is effective April 1, 2020, and expires December 31, 2020.

On April 21, 2020, Interim President Roper issued a regulation (Section 300.2.15[R] of the UNC Policy Manual) that addresses the implementation and applicability of the leave provisions of the FFCRA to eligible University employees. The effective date of both the FFCRA and the regulation are April 1, 2020, and the UNC System Office provided flexibility to Universities to implement no later than May 1, 2020 to provide time for administrative preparations. 

UNC Charlotte implementation date: May 1, 2020. 

Benefits

New FFCRA Leave Benefits:

  • Emergency Paid Sick Leave Act (EPSLA) allows up to two weeks of leave (80 hours total, pro-rated for part-time employees) based on the type of qualifying event (caps apply). 
  • Emergency Family and Medical Leave Expansion Act (EFMLEA) allows up to 12 weeks of paid leave based on the type of qualifying event. The first two weeks are unpaid, but the employee may use other eligible paid leave during that time. Employees are also allowed up to 10 additional weeks (caps apply).
  • IMPORTANT NOTE: The cap limits will be supplemented with Administrative Leave COVID-19 (if available), or personal leave (i.e., Comp Time, Vacation, Bonus or Sick Leave).  If receiving 2/3 pay from FFRCA benefits (qualifying reason 4. and 5. noted in the chart),  employees may supplement the remaining 1/3 with their personal leave (i.e., Comp Time, Vacation, Bonus or Sick Leave) or leave without pay.

More information on qualifying events, benefit payout and caps for both types of leave is available in the chart below:

Summary of FFCRA Leave Provisions

QUALIFYING EVENT 

Leave related to COVID-19 if the employee is unable to work, including unable to telework, because the employee:

EMERGENCY PAID SICK LEAVE 

Up to two weeks of paid leave (80 hrs, pro-rated for part-time)

EXPANDED FAMILY & MEDICAL LEAVE 

Up to 12 weeks of FML (pro-rated for part-time)

  1. is subject to a Federal, State, or local quarantine or isolation order related to COVID-19

100% of regular pay, up to $511 daily and $5,110 total

 
  1. has been advised by a health care provider to self-quarantine related to COVID-19

100% of regular pay, up to $511 daily and $5,110 total

 
  1. is experiencing COVID-19 symptoms and is seeking a medical diagnosis

100% of regular pay, up to $511 daily and $5,110 total

 
  1. is caring for an individual subject to an order described in #1 or #2 above

Two-thirds of regular pay, up to $200 daily and $2,000 total

 
  1. is caring for his or her child whose school or place of care is closed (or child care provider is unavailable) due to COVID-19 related reasons

Two-thirds of regular pay, up to $200 daily and $2,000 total

First 2 weeks of leave are unpaid (employee may use other eligible paid leave, including EPLSA, to cover this 2-week period)

Up to 10 additional weeks paid at two-thirds of regular pay, up to $200 daily and $10,000 total

  1. is experiencing any other substantially-similar condition specified by the U.S. Department of Health and Human Services (as of April 30, none have been declared)

Two-thirds of regular pay, up to $200 daily and $2,000 total

 

Eligibility:

  • You are eligible to apply if:

    • You are employed in any classification (full-time, part-time, etc.) of job except for Federal Work Study.
    • No length of service requirement for emergency paid sick leave.
    • Must be employed for 30 calendar days to be eligible for Expanded Family and Medical Leave under the Act.
    • You are currently performing your job duties, including through teleworking, and become unable to do so because of a FFCRA COVID-19 Qualifying Event.
  • You are ineligible to apply if: 

    • You are not currently performing your job duties, including through teleworking, for any reason other than FFCRA COVID-19 Qualifying Events. 
    • You are employed in a Federal Work Study capacity. 
    • Please note: Disruption in elder care, or being unable to telework due to the nature of your job are not valid qualifications under the federal guidelines. Individuals that do not qualify for FFCRA in those situations.  Elder care as a result of facility closings due to COVID-19 and unable to telework due to the nature of your job may use Administrative Leave COVID-19 (which is available until rescinded), their own accrued leave, or leave without pay subject to supervisor approval. 
    • You are high risk or care for someone high risk.  Employees in these situations are no longer able to use Administrative Leave COVID-19.  They will need to use their own leave or leave withouth pay during the interim HR review of their requst to return to work form or request for high risk special considerations form.  HR will provide further guidance based on their individual situation. 
    • Reference the Emergency Management website for updates and more information about Administrative Leave - COVID-19.  ‚Äč

Next Steps:

  • If you have a qualifying event, complete the Families First Coronavirus Response Request Act - EPSL/EFMLA Request Form.
  • The Benefits Office will review and respond to you and your supervisor regarding  the approval/denial of your request and provide additional instructions regarding timekeeping/leave entries.
  • Note about childcare: If you are applying for leave because of childcare issues, you may request to use EPSLA or EFMLEA leave on an intermittent basis by completing a proposed work arrangement, subject to your supervisor's approval. Please work with your supervisor to align your requests with the specific time necessary to provide care for your child and complete the work required for your position. 

Helpful Resources:

Questions?