Managing Leave During the Coronavirus

Managing Leave During the Coronavirus


The U.S. Department of Labor recently published guidance and a series of FAQs to provide information to employees and employers about how each will be able to take advantage of the protections and relief offered by the Families First Coronavirus Response Act (FFCRA) when it takes effect on April 1, 2020. The FFCRA is a temporary relief measure that will end on December 31, 2020.

In addition to federal relief programs, the Commonwealth of Virginia expanded leave benefits under the Virginia Public Health Emergency Leave (PHEL) policy, effective March 26, 2020, to permit up to 160 hours (pro-rated for part-time employees) total of paid leave related to COVID-19 absences.

While UVA Health entities have elected to be exempt from FFCRA provisions, UVA Health Emergency Paid Sick Leave is a new leave type now being offered through CY2020 as a supplemental option for UVA Health employees and team members.

This page explains what each of these leave types are, who they apply to, how to use them, and how to record the absence in the various timekeeping systems. In addition, it references UVA's Short-Term Disability benefit programs and Emergency Administrative Leave, and explains how and when they can be used with the above leave types.

PLEASE NOTE: All COVID guidance below is subject to change, based on new federal regulations and/or guidelines. The two grids below will be updated as new federal guidelines are distributed.

    DOL Poster: Employee Rights: Paid Sick Leave and Expanded Family and Medical Leave under the FFCRA

    Emergency Administrative Leave

    Pay continuity, meaning pay to employees who are unable to work (either remotely or in person), will no longer be available beginning July 1. This means that Emergency Administrative Leave (EAL) is no longer available as a leave type. Please see the FAQs below regarding EAL, and information about next steps if you are currently using EAL. 


    Families First Coronavirus Response Act (FFCRA)

    • What is the Families First Coronavirus Response Act?

      Families First Coronavirus Response Act (FFCRA or the Act) was created to assist employees unable to work or telework due to the novel coronavirus (COVID-19). 

      The FFCRA provides two new kinds of leave under certain COVID-19 circumstances: emergency paid sick leave and expanded family and medical leave.  Both leave types are temporary, and apply only when you cannot work or telework due to COVID-19 circumstances.

      For those qualifying, up to 80 hours of emergency paid sick leave is available when you cannot work or telework due to circumstances related to COVID-19.  The criteria for the leave is explained below.

      For those qualifying, up to 12 weeks of job-protected expanded family and medical leave is available, with 10 weeks being paid at partial pay. The criteria for the leave is explained below.

      For additional information about the FFCRA by the Department of Labor, refer to:

      U.S. Department of Labor Poster: Employee Rights: Paid Sick Leave and Expanded Family and Medical Leave under the FFCRA
    • Who is Eligible for Paid Leave Under FFCRA?

      • All full-time, part-time, and wage employees of the Academic Division (with exceptions listed below) are eligible for up to 80 hours of emergency paid sick leave for specified reasons related to COVID-19. 
      • Employees employed for at least 30 days are eligible (with exceptions listed below) for up to an additional 10 weeks of expanded family and medical leave under the FFCRA to care for a child under certain circumstances related to COVID-19.
      • Emergency paid sick leave - Under the FFCRA, you qualify for emergency paid sick leave if you are unable to work or telework if one of the following qualifying events are met:
        1. You are subject to a Federal, State, or local quarantine or isolation order related to COVID-19;
        2. You have been advised by a health care provider to self-quarantine related to COVID-19;
        3. You are experiencing COVID-19 symptoms and are seeking a medical diagnosis;
        4. You are caring for an individual subject to an order described in (1) or self-quarantine as described in (2);
        5. You are 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. You are experiencing any other substantially-similar condition specified by the Secretary of Health and Human Services, in consultation with the Secretaries of Labor and Treasury.
      • Expanded family and medical leave - Under the FFCRA, you qualify for expanded family and medical leave if you are caring for a child whose school or place of care is closed (or child care provider is unavailable) for reasons related to COVID-19.
    • Who is Not Eligible for Paid Leave Under FFCRA?

      FFCRA allows for exemption of health care providers, health care centers, clinic employees, medical schools, and other post-secondary educational institutions offering health care instruction. As such, UVA Health (including the Medical Center, School of Medicine, School of Nursing, and the Health Sciences Library) team members are exempted from FFCRA.  

      UVA Health faculty, staff and team members remain eligible for Virginia Public Health Emergency Leave. 

      In addition, UVA Health will provide up to 80 hours of UVA Health Emergency Paid Sick Leave (see UVA Health Emergency Paid Sick Leave section below) available if one of the qualifying reasons are met:

      1. You are subject to a Federal, State, or local quarantine or isolation order related to COVID-19
      2. You have been advised by a health care provider to self-quarantine related to COVID-19
      3. You are experiencing COVID-19 symptoms and are seeking a medical diagnosis
      4. You are caring for an individual subject to an order described in (1) or self-quarantine as described in (2). This final leave category is eligible for 66.7% of pay, up to a maximum of $2,000.
    • What is Emergency Paid Sick Leave?

      As part of FFCRA, the Emergency Paid Sick Leave Act (EPSLA) provides up to 80 hours of emergency paid sick leave (pro-rated if you are part-time) if you are unable to work or telework for the following reasons:

      • Self-Care (required to isolate, or experiencing symptoms, or diagnosed and ordered to quarantine)
        • You are subject to a federal, state, or local quarantine or isolation order related to COVID-19.
        • You have been advised by a healthcare provider to self-quarantine due to concerns related to COVID-19.
        • You are experiencing symptoms of COVID-19 and seeking a medical diagnosis (fever, dry cough, fatigue most common).
        • You would receive 100% of your pay, up to a maximum of $5,110 for 2 weeks of emergency paid sick leave.
      • Caring for Others
        •  You are caring for an individual who is subject to a federal, state or local quarantine or isolation order related to COVID-19.
        •  You are caring for an individual who has been advised by a healthcare provider to self-quarantine due to concerns related to COVID-19.
        •  You are caring for a son or daughter because the child’s school or place of care is closed, or the childcare provider is unavailable due to COVID-19 precautions.
        •  Any other conditions specified by Secretaries of HHS, Treasury or Labor
        •  You would receive 66.67% of your pay, up to a maximum of $2,000 for 2 weeks of emergency paid sick leave.
    • What is Expanded Family and Medical Leave?

      As part of FFCRA, expanded family and medical leave helps you care for a child whose school or place of care is closed (or child care provider is unavailable) for reasons related to COVID-19.

      • You are eligible for expanded family and medical leave under FFCRA after 30 days of employment with UVA.
      • The first 10 days of leave under the FFCRA are unpaid, but you have the option of receiving emergency paid sick leave under the Emergency Paid Sick Leave Act (see above), or using accrued vacation or paid time off (PTO).
      • The remaining 10 weeks would be paid as expanded family and medical leave. You would receive 66.67% of your regular rate of pay for hours you are scheduled to work if the emergency were not occurring, up to a maximum of $10,000.
      • Where leave is foreseeable, you must provide notice of leave to your manager. You will apply for Expanded Family Medical Leave with Unum and supply all required documentation as part of the request process. See the documentation requirements below.
      • Expanded family and medical leave is reduced by FMLA time used in the past 12 months.

      To see how expanded family and medical leave and emergency paid sick leave interact with other leave types, please see the Summary of Leave Types  documents below:


    Virginia Public Health Emergency Leave (PHEL)

    • What is Virginia Public Health Emergency Leave?

      Public Health Emergency Leave (PHEL) typically provides paid leave per leave year to eligible employees to attend to their own medical needs and those of their immediate family members when Communicable Disease of Public Health Threat conditions have been declared by the State Health Commissioner and Governor.
       
      The Department of Human Resource Management (DHRM), on behalf of the Governor, has notified agencies that DHRM Policy 4.52-Public Health Emergency Leave has been enacted due to the coronavirus pandemic. Use of this policy is intended for illness directly related to the declared COVID-19 disease threat.
       
      Effective March 26, 2020, and in response to the COVID-19 Public Health Threat, the leave under PHEL has been temporarily expanded to a total of 160 hours of paid leave to eligible employees to attend to their own medical needs (and/or those of their immediate family members) related to COVID-19.
       
      Immediate family includes parents, step-parents, or persons who stood in place of the parent and performed parental duties and responsibilities; a spouse as defined by the laws of the Commonwealth; children, including step-children, foster children, and legal wards; siblings, including step-siblings, who reside in the impacted area.
       
      DHRM Policy 4.52-Public Health Emergency Leave highlights:

      • Employees are expected to report to work as usual unless ill or in the event they are otherwise directed by the Governor, their Agency Head, or the State Health Commissioner. (This means teleworking when possible.)
      • This leave is currently available to full-time and part-time UVA Health team members, classified staff, University staff, faculty, PRS, faculty wage, temp and wage employees, and graduate research assistants and graduate teaching assistants.
      • For part-time employees, paid leave will be based on the number of hours normally scheduled to work.
      • Wage and adjunct employee hours paid under this policy count toward the 1,500 hours maximum per year. 
      • Employees must follow usual leave request procedures, including communication with their supervisor. 
      • Documentation may be required from a health care provider or a public health agency to confirm a diagnosis of COVID-19. 
      • Recovering employees whose COVID-19 illness and/or isolation extends beyond 160 hours must use existing leave and/or applicable disability policies to cover the reminder of their absences.
      • Wage employees whose illness and/or isolation extends beyond the maximum number of paid leave hours will not receive additional pay. 
    • When May Employees Use PHEL?

      PHEL may be used:

      • To attend to your own medical needs or the medical needs of an immediate family member being tested or treated for COVID-19;
      • If you have chronic health conditions or are age 65 or older and there are no alternative flexible work options to maintain social distancing; or
      • As a last resort, if your job is not conducive to telework or other alternatives are not possible.

      To see how Virginia PHEL interacts with other leave types, please see the Summary of Leave Types  documents below:

    • Who is Eligible for Paid Leave Under PHEL?

      This leave is currently available to full-time and part-time UVA Health team members, classified staff, University staff, faculty, PRS, faculty wage, temp and wage employees, and graduate research assistants and graduate teaching assistants. 

      For part-time employees, PHEL will be pro-rated based on number of hours employees are normally scheduled to work. The maximum paid leave must not exceed the maximum number of hours an employee would normally work each week. Non-benefited part-time employees will be allowed up to the maximum they would normally work during a four-week period.


    UVA Health Emergency Paid Sick Leave

    • What is UVA Health Emergency Paid Sick Leave?

      While UVA Health entities have elected to be exempt from FFCRA provisions, the following leave provisions will be implemented through CY2020 as a supplemental option for UVA Health employees and team members.  The purpose of this leave type is to closely mirror the provisions of the Federal Emergency Paid Sick Leave Act, but remove caring for a child due to a school or childcare center closure as a qualifying event for this special leave type.

      If unable to work or telework, up to 80 hours of UVA Health emergency paid sick leave are available to team members (pro-rated for part-time employees) for the following reasons:

      • Self-Care (required to isolate, or experiencing symptoms, or diagnosed and ordered to quarantine)
        • You are subject to a federal, state, or local quarantine or isolation order related to COVID-19.
        • You have been advised by a healthcare provider to self-quarantine due to concerns related to COVID-19.
        • You are experiencing symptoms of COVID-19 and seeking a medical diagnosis (fever, dry cough, fatigue most common).
        • You would receive 100% of your pay, up to a maximum of $5,110 for 2 weeks of UVA Health emergency paid sick leave.
      • Caring for Others
        • You are caring for an individual who is subject to a federal, state or local quarantine or isolation order related to COVID-19.
        • You are caring for an individual who has been advised by a healthcare provider to self-quarantine due to concerns related to COVID-19.
        • You would receive 66.67% of your pay, up to a maximum of $2,000 for 2 weeks of emergency paid sick leave.
    • Who is Eligible for UVA Health Emergency Paid Sick Leave?

      UVA Medical Center, School of Medicine, School of Nursing, Health Sciences Library, and UPG team members are eligible for UVA Health Emergency Paid Sick Leave.

    • How does it work?

      In all cases where a team member qualifies for Virginia Public Health Emergency Leave, that leave type will be used first.

      • For Self-Care
        • Virginia Public Health Emergency Leave (PHEL), then
        • UVA Health - Emergency Paid Sick Leave, then
        • Administrative Leave / Furlough until return to work
           
      • Caring for Others
        • Virginia Public Health Emergency Leave (PHEL), then
        • UVA Health - Emergency Paid Sick Leave, then
        • Paid Time Off (PTO)

    How Do I Apply?

    For Emergency Paid Sick Leave and Expanded Family Medical Leave, please apply through our partner firm UNUM at 866.269.0979, or their website. Please note that for your first visit to the website, you will need to register an account.

    For VA Public Health Emergency Leave:

    • Academic Division employees (including SON, SOM) - use the absence code "State Public Health Emergency (diagnosed with COVID-19 or directed to self-quarantine)" in Workday and request leave using the normal process for requesting time off.
    • UVA Health managers or timekeepers (including SON, SOM) - enter "Public Health Emergency Leave" in Kronos.

    If you have questions about what leave to use or how to use it, please contact the HR Solution Center at AskHR@virginia.edu or by phone at 434.243.3344.

     


    Documentation Requirements

    Please also note that all existing certification requirements under the FMLA remain in effect if you are taking leave for one of the existing qualifying reasons under the FMLA. For example, if you are taking leave beyond the two weeks of emergency paid sick leave because your medical condition for COVID-19-related reasons rises to the level of a serious health condition, you must continue to provide medical certifications under the FMLA if required by your employer.

    Also note that you alone must be providing care to the child; leave would be unavailable if both parents or another individual is present to care for the child. In the case of a 15- to 17-year old child, you must identify “special circumstances” requiring the employee to provide care. If you cannot do so, you cannot take emergency paid sick leave or expanded family and medical leave.

    • Self-Care

      For Emergency Paid Sick Leave if you are unable to work or telework due to a qualifying reason related to COVID-19:

      • Your name
      • Date or dates for which leave is requested
      • A statement of the COVID-19 related reason you are requesting leave and written support for such reason
      • A statement that you are unable to work, including by means of telework, for such reason
      • If the person subject to quarantine or advised to self-quarantine is not you, that person’s name and relation to you
      • Copy of Federal, State, or local quarantine or isolation order related to COVID-19
      • Written documentation from a health care provider advising you to self-quarantine due to concerns related to COVID-19. A health care provider includes a licensed doctor of medicine, nurse practitioner, or other health care provider permitted to issue a certification for purposes of the FMLA.
    • Caring For Others

      For Expanded Family and Medical Leave taken to care for your child whose school or place of care is closed, or child care provider is unavailable, due to COVID-19-related reasons:

      • Your name
      • Date or dates for which leave is requested
      • A statement of the COVID-19 related reason you are requesting leave and written support for such reason
      • A statement that you are unable to work, including by means of telework, for such reason
      • The name and age of the child (or children) to be cared for
      • The name of the school that has closed or place of care that is unavailable
      • A representation that no other person will be providing paid care for the child during the period for which you are receiving family and medical leave
      • A statement that special circumstances exist requiring you to provide care

    FREQUENTLY ASKED QUESTIONS (FAQs)

    Included below are key FAQs.

    Emergency Administrative Leave - FAQs

    The following are FAQs for employees regarding the elimination of EAL. 

    FFCRA - General FAQs

    • 1. What is the effective date of the Families First Coronavirus Response Act (FFCRA), which includes the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act?

      The FFCRA’s paid leave provisions are effective on April 1, 2020, and apply to leave taken between April 1, 2020, and December 31, 2020.

    • 2. When calculating pay due to employees, must overtime hours be included?

      Yes. The Emergency Family and Medical Leave Expansion Act requires you to pay an employee for hours the employee would have been normally scheduled to work even if that is more than 40 hours in a week. 

      However, the Emergency Paid Sick Leave Act requires that paid sick leave be paid only up to 80 hours over a two-week period. For example, an employee who is scheduled to work 50 hours a week may take 50 hours of paid sick leave in the first week and 30 hours of paid sick leave in the second week. In any event, the total number of hours paid under the Emergency Paid Sick Leave Act is capped at 80.

      If the employee’s schedule varies from week to week, please see the answer to Question 5, because the calculation of hours for a full-time employee with a varying schedule is the same as that for a part-time employee.

      Please keep in mind the daily and aggregate caps placed on any pay for paid sick leave and expanded family and medical leave as described in the answer to Question 3.

      Please note that pay does not need to include a premium for overtime hours under either the Emergency Paid Sick Leave Act or the Emergency Family and Medical Leave Expansion Act.

    • 3. As an employee, how much will I be paid while taking emergency paid sick leave or expanded family and medical leave under the FFCRA?

      It depends on your normal schedule as well as why you are taking leave.

      1. If you are taking emergency paid sick leave because you are unable to work or telework due to a need for leave because you (1) are subject to a Federal, State, or local quarantine or isolation order related to COVID-19; (2) have been advised by a health care provider to self-quarantine due to concerns related to COVID-19; or (3) are experiencing symptoms of COVID-19 and are seeking medical diagnosis, you will receive for each applicable hour the greater of:

      • your regular rate of pay,
      • the federal minimum wage in effect under the FLSA, or
      • the applicable State or local minimum wage.

      In these circumstances, you are entitled to a maximum of $511 per day, or $5,110 total over the entire paid sick leave period.

      2. If you are taking emergency paid sick leave because you are: (1) caring for an individual who is subject to a Federal, State, or local quarantine or isolation order related to COVID-19 or an individual who has been advised by a health care provider to self-quarantine due to concerns related to COVID-19; (2) caring for your child whose school or place of care is closed, or child care provider is unavailable, due to COVID-19 related reasons; or (3) experiencing any other substantially-similar condition that may arise, as specified by the Secretary of Health and Human Services, you are entitled to compensation at 2/3 of the greater of the amounts above.

      Under these circumstances, you are subject to a maximum of $200 per day, or $2,000 over the entire two week period.

      3. If you are taking expanded family and medical leave, you may take emergency paid sick leave for the first 80 hours of that leave period, or you may substitute any accrued vacation leave, personal leave, or medical or sick leave you have under your employer’s policy. For the following ten weeks, you will be paid for your leave at an amount no less than 2/3 of your regular rate of pay for the hours you would be normally scheduled to work. The regular rate of pay used to calculate this amount must be at or above the federal minimum wage, or the applicable state or local minimum wage. However, you will not receive more than $200 per day or $12,000 for the twelve weeks that include both emergency paid sick leave and expanded family and medical leave when you are on leave to care for your child whose school or place of care is closed, or child care provider is unavailable, due to COVID-19 related reasons.

      To calculate the number of hours for which you are entitled to paid leave, please see the answers to Questions 2 and 5 that are provided in this guidance.

    • 4. May I take 80 hours of paid sick leave for my self-quarantine and then another amount of paid sick leave for another reason provided under the Emergency Paid Sick Leave Act?

      No. You may take up to two weeks — or ten days — (80 hours for a full-time employee, or for a part-time employee, the number of hours equal to the average number of hours that the employee works over a typical two-week period) of emergency paid sick leave for any combination of qualifying reasons. However, the total number of hours for which you receive emergency paid sick leave is capped at 80 hours under the Emergency Paid Sick Leave Act. 

    • 5. How do I count hours as a part-time employee for purposes of paid sick leave or expanded family and medical leave?

      As a part-time employee, you are entitled to leave for your average number of work hours in a two-week period. Therefore, you calculate hours of leave based on the number of hours you are normally scheduled to work. If the normal hours scheduled are unknown, or if your schedule varies, you may use a six-month average to calculate the average daily hours. You may take emergency paid sick leave for this number of hours per day for up to a two-week period, and may take expanded family and medical leave for the same number of hours per day up to ten weeks after that.

      If this calculation cannot be made because you have not been employed for at least six months, use the number of hours that you agreed to work upon hiring. And if there is no such agreement, you may calculate the appropriate number of hours of leave based on the average hours per day you were scheduled to work over the entire term of your employment.

    • 6. If I am home with my child because his or her school or place of care is closed, or child care provider is unavailable, do I get paid sick leave, expanded family and medical leave, or both—how do they interact?

      You may be eligible for both types of leave, but only for a total of twelve weeks of paid leave. You may take both emergency paid sick leave and expanded family and medical leave to care for your child whose school or place of care is closed, or child care provider is unavailable, due to COVID-19 related reasons.

      The Emergency Paid Sick Leave Act provides for an initial 80 hours (pro-rated for part-time employees) of paid leave. This period thus covers the first ten workdays of expanded family and medical leave, which are otherwise unpaid under the Emergency and Family Medical Leave Expansion Act unless you elect to use existing vacation, personal, or medical or sick leave under your employer’s policy.

      After the first ten workdays have elapsed, you will receive 2/3 of your regular rate of pay for the hours you would have been scheduled to work in the subsequent ten weeks under the Emergency and Family Medical Leave Expansion Act.

      Please note that you can only receive the additional ten weeks of expanded family and medical leave under the Emergency Family and Medical Leave Expansion Act for leave to care for your child whose school or place of care is closed, or child care provider is unavailable, due to COVID-19 related reasons.

    • 7. May I use emergency paid sick leave and expanded family and medical leave together for any COVID-19 related reasons?

      No. The Emergency Family and Medical Leave Expansion Act applies only when you are on leave to care for your child whose school or place of care is closed, or whose child care provider is unavailable, due to COVID-19 related reasons. However, you can take emergency paid sick leave under the Emergency Paid Sick Leave Act for numerous other reasons.

    • 8. Can my employer deny me paid sick leave if my employer gave me paid leave for a reason identified in the Emergency Paid Sick Leave Act prior to the Act going into effect?

      No. The Emergency Paid Sick Leave Act imposes a new leave requirement on employers that is effective beginning on April 1, 2020.

    • 9. Is all leave under the FMLA now paid leave?

      No. The only type of family and medical leave that is paid leave is expanded family and medical leave under the Emergency Family and Medical Leave Expansion Act when such leave exceeds ten days. This includes only leave taken because the employee must care for a child whose school or place of care is closed, or child care provider is unavailable, due to COVID-19 related reasons.

    • 10. Are the emergency paid sick leave and expanded family and medical leave requirements retroactive?

      No.

    • 11. How do I know whether I have “been employed for at least 30 calendar days by the employer” for purposes of expanded family and medical leave?

      You are considered to have been employed by your employer for at least 30 calendar days if your employer had you on its payroll for the 30 calendar days immediately prior to the day your leave would begin. For example, if you want to take leave on April 1, 2020, you would need to have been on your employer’s payroll as of March 2, 2020.

      If you have been working for a company as a temporary employee, and the company subsequently hires you on a full-time basis, you may count any days you previously worked as a temporary employee toward this 30-day eligibility period.

    • 12. How do I know if I can receive paid sick leave for a Federal, State, or local quarantine or isolation order related to COVID-19?

      For purposes of the FFCRA, a Federal, State, or local quarantine or isolation order includes quarantine or isolation orders, as well as shelter-in-place or stay-at-home orders, issued by any Federal, State, or local government authority that cause you to be unable to work (or to telework) even though UVA has work that you could perform but for the order. You may not take emergency paid sick leave under FFCRA for this qualifying reason if UVA does not have work for you as a result of a shelter-in-place or a stay-at-home order.

    • 13. When am I eligible for emergency paid sick leave to self-quarantine?

      You are eligible for emergency paid sick leave if a health care provider directs or advises you to stay home or otherwise quarantine yourself because the health care provider believes that you may have COVID-19 or are particularly vulnerable to COVID-19, and quarantining yourself based upon that advice prevents you from working (or teleworking).

    • 14. If I become Ill with COVID-19 symptoms, decide to self-quarantine for 2 weeks, and then return to work, can I get paid for those 2 weeks through FFCRA?

      Generally no. If you become ill with COVID-19 symptoms, you may take emergency paid sick leave under the FFCRA only to seek a medical diagnosis or if a health care provider otherwise advises you to self-quarantine. If you test positive for the virus associated with COVID-19 or are advised by a health care provider to self-quarantine, you may continue to take emergency paid sick leave. You may not take emergency paid sick leave under the FFCRA if you unilaterally decide to self-quarantine for an illness without medical advice, even if you have COVID-19 symptoms. Note that you may not take paid sick leave under the FFCRA if you become ill with an illness not related to COVID-19. Depending on your manager’s expectations and your condition, however, you may be able to telework during your period of quarantine.

      For other leave options in this situation, see the "Usage of Leave Types" documents below:

    • 15. May I take paid sick leave or expanded family and medical leave to care for my child who is 18 years old or older?

      It depends. Under the FFCRA, emergency paid sick leave and expanded family and medical leave include leave to care for one (or more) of your children when his or her school or place of care is closed or child care provider is unavailable, due to COVID-19 related reasons. This leave may only be taken to care for your non-disabled child if he or she is under the age of 18.

      If your child is 18 years of age or older with a disability and cannot care for him or herself due to that disability, you may take emergency paid sick leave and expanded family and medical leave to care for him or her if his or her school or place of care is closed or his or her child care provider is unavailable, due to COVID-19 related reasons, and you are unable to work or telework as a result.

      In addition, emergency paid sick leave is available to care for an individual who is subject to a Federal, State, or local quarantine or isolation order related to COVID-19 or has been advised by a health care provider to self-quarantine due to concerns related to COVID-19. If you have a need to care for your child age 18 or older who needs care for these circumstances, you may take emergency paid sick leave if you are unable to work or telework as a result of providing care. But in no event may your total emergency paid sick leave under the FFCRA exceed two weeks.

    • 16. My child’s school or place of care has moved to online instruction or to another model in which children are expected or required to complete assignments at home. Is it “closed”?

      Yes. If the physical location where your child received instruction or care is now closed, the school or place of care is “closed” for purposes of emergency paid sick leave and expanded family and medical leave. This is true even if some or all instruction is being provided online or whether, through another format such as “distance learning,” your child is still expected or required to complete assignments.

    • 17. May I take emergency paid sick leave or expanded family and medical leave to care for a child other than my child?

      While emergency paid sick leave provided under the FFCRA is limited to care for your son or daughter when their place of care is closed (or child care provider is unavailable), due to COVID-19 related reasons, it is also available to care for an individual who is subject to a Federal, State, or local quarantine or isolation order related to COVID-19 or has been advised by a health care provider to self-quarantine due to concerns related to COVID-19. If you have a need to care for a child who meets these criteria, you may take emergency paid sick leave if you are unable to work or telework as a result of providing care. But in no event may your total emergency paid sick leave exceed two weeks.

      Expanded family and medical leave is only available to care for your own son or daughter, so this leave type would not be available in this situation.

    • 18. May I take emergency paid sick leave or expanded family and medical leave under the FFCRA if I am on a UVA-approved leave of absence?

      It depends on whether your leave of absence is voluntary or mandatory. If your leave of absence is voluntary, you may end your leave of absence and begin taking emergency paid sick leave or expanded family and medical leave under the FFCRA if a qualifying reason prevents you from being able to work or telework.

      However, you may not take emergency paid sick leave or expanded family and medical leave under the FFCRA if your leave of absence is mandatory. This is because it is the mandatory leave of absence—and not a qualifying reason for leave—that prevents you from being able to work or telework.

      In the instance of a mandatory leave of absence, you may be eligible for unemployment insurance benefits. You should contact your State workforce agency or State unemployment insurance office for specific questions about your eligibility. For additional information, please refer to https://www.careeronestop.org/LocalHelp/service-locator.aspx.

    FFCRA Telework FAQs

    • 1. When am I able to telework under the FFCRA?

      You may telework when your employer permits or allows you to perform work while you are at home or at a location other than your normal workplace. Telework is work for which normal wages must be paid and is not compensated under the paid leave provisions of the FFCRA.

    • 2. What does it mean to be unable to work, including telework for COVID-19 related reasons?

      You are unable to work if your employer has work for you, and one of the COVID-19 qualifying reasons set forth in the FFCRA prevents you from being able to perform that work, either under normal circumstances at your normal worksite or by means of telework.

      If you and your employer agree that you will work your normal number of hours, but outside of your normally scheduled hours (for instance early in the morning or late at night), then you are able to work and leave is not necessary unless a COVID-19 qualifying reason prevents you from working that schedule.

    • 3. If I am or become unable to telework, am I entitled to emergency paid sick leave or expanded family and medical leave?

      If your employer permits teleworking — for example, allows you to perform certain tasks or work a certain number of hours from home or at a location other than your normal workplace — and you are unable to perform those tasks or work the required hours because of one of the qualifying reasons for emergency paid sick leave, then you are entitled to take emergency paid sick leave. 

      Similarly, if you are unable to perform those teleworking tasks or work the required teleworking hours because you need to care for your child whose school or place of care is closed, or child care provider is unavailable, because of COVID-19 related reasons, then you are entitled to take expanded family and medical leave. Of course, to the extent you are able to telework while caring for your child, paid sick leave and expanded family and medical leave is not available.

    • 4. May I take my emergency paid sick leave or expanded family and medical leave intermittently while teleworking?

      Yes, if your employer allows it and if you are unable to telework your normal schedule of hours due to one of the qualifying reasons in the Emergency Paid Sick Leave Act. In that situation, you and your employer may agree that you may take paid sick leave intermittently while teleworking. Similarly, if you are prevented from teleworking your normal schedule of hours because you need to care for your child whose school or place of care is closed, or child care provider is unavailable, because of COVID-19 related reasons, you and your employer may agree that you can take expanded family medical leave intermittently while teleworking.

      You may take intermittent leave in any increment, provided that you and your employer agree. For example, if you agree on a 90-minute increment, you could telework from 1:00 PM to 2:30 PM, take leave from 2:30 PM to 4:00 PM, and then return to teleworking.

      The Department encourages employers and employees to collaborate to achieve flexibility and meet mutual needs, and the Department is supportive of such voluntary arrangements that combine telework and intermittent leave.

    • 5. May I take my paid sick leave intermittently while working at my usual worksite (as opposed to teleworking)?

      It depends on why you are taking emergency paid sick leave and whether your employer agrees. Unless you are teleworking, emergency paid sick leave for qualifying reasons related to COVID-19 must be taken in full-day increments. It cannot be taken intermittently if the leave is being taken because:

      • You are subject to a Federal, State, or local quarantine or isolation order related to COVID-19;
      • You have been advised by a health care provider to self-quarantine due to concerns related to COVID-19;
      • You are experiencing symptoms of COVID-19 and seeking a medical diagnosis;
      • You are caring for an individual who either is subject to a quarantine or isolation order related to COVID-19 or has been advised by a health care provider to self-quarantine due to concerns related to COVID-19; or
      • You are experiencing any other substantially similar condition specified by the Secretary of Health and Human Services.

      Unless you are teleworking, once you begin taking emergency paid sick leave for one or more of these qualifying reasons, you must continue to take emergency paid sick leave each day until you either (1) use the full amount of paid sick leave or (2) no longer have a qualifying reason for taking paid sick leave. This limit is imposed because if you are sick or possibly sick with COVID-19, or caring for an individual who is sick or possibly sick with COVID-19, the intent of FFCRA is to provide such emergency paid sick leave as necessary to keep you from spreading the virus to others. 

      If you no longer have a qualifying reason for taking emergency paid sick leave before you exhaust your emergency paid sick leave, you may take any remaining emergency paid sick leave at a later time, until December 31, 2020, if another qualifying reason occurs.

      In contrast, if you and your employer agree, you may take emergency paid sick leave intermittently if you are taking paid sick leave to care for your child whose school or place of care is closed, or whose child care provider is unavailable, because of COVID-19 related reasons. For example, if your child is at home because his or her school or place of care is closed, or child care provider is unavailable, because of COVID-19 related reasons, you may take emergency paid sick leave on Mondays, Wednesdays, and Fridays to care for your child, but work at your normal worksite on Tuesdays and Thursdays.

      The Department encourages employers and employees to collaborate to achieve maximum flexibility. Therefore, if employers and employees agree to intermittent leave on less than a full work day for employees taking emergency paid sick leave to care for their child whose school or place of care is closed, or child care provider is unavailable, because of COVID-19-related reasons, the Department is supportive of such voluntary arrangements.

    • 6. May I take my expanded family and medical leave intermittently while my child’s school or place of care is closed, or child care provider is unavailable, due to COVID-19 related reasons, if I am not teleworking?

      Yes, but only with your employer’s permission. Intermittent expanded family and medical leave should be permitted only when you and your employer agree upon such a schedule. For example, if your employer and you agree, you may take expanded family and medical leave on Mondays, Wednesdays, and Fridays, but work Tuesdays and Thursdays, while your child is at home because your child’s school or place of care is closed, or child care provider is unavailable, due to COVID-19 related reasons, for the duration of your leave.

      The Department encourages employers and employees to collaborate to achieve flexibility. Therefore, if employers and employees agree to intermittent leave on a day-by-day basis, the Department supports such voluntary arrangements.

    UVA Health Plan and FFCRA FAQs

    Leave Types FAQs

    • 1. May I use other leave types I'm entitled to AND my FFCRA emergency paid sick leave and expanded family and medical leave concurrently for the same hours?

      No. If you are eligible to take emergency paid sick leave or expanded family and medical leave under the FFCRA, as well as paid leave that is already provided by UVA, unless your manager agrees you must choose one type of leave to take. You may not simultaneously take both, unless your manager agrees to allow you to supplement the amount you receive from emergency paid sick leave or expanded family and medical leave under the FFCRA, up to your normal earnings, with pre-existing leave.

      For example, if you are receiving 2/3 of your normal earnings from emergency paid sick leave or expanded family and medical leave under the FFCRA and your manager permits, you may use your pre-existing UVA paid leave to get the additional 1/3 of your normal earnings so that you receive your full normal earnings for each hour.

      To learn more about which leave types you can use for different COVID-19 scenarios, see the "Usage of Leave Types" documents below:

    • 2. May I supplement or adjust the pay mandated under the FFCRA with paid leave that I have under UVA's paid leave policy?

      If your employee chooses to use existing leave you have provided, yes; otherwise, no. Emergency paid sick leave and expanded family and medical leave under the FFCRA is in addition to employees’ preexisting leave entitlements, including Federal employees. Under the FFCRA, only the employee may choose to use existing paid vacation, personal, medical, or sick leave from UVA's paid leave policy to supplement the amount the employee receives from emergency paid sick leave or expanded family and medical leave, up to the employee’s normal earnings.

      However, you are not required to permit an employee to use existing paid leave to supplement the amount your employee receives from emergency paid sick leave or expanded family and medical leave. Further, you may not claim, and will not receive tax credit, for such supplemental amounts.

    • 3. Do I qualify for leave for a COVID-19 related reason even if I have already used some or all of my leave under the Family and Medical Leave Act (FMLA)?

      If you are an eligible employee, you are entitled to emergency paid sick leave under the Emergency Paid Sick Leave Act regardless of how much leave you have taken under the FMLA.

      However, your eligibility for expanded family and medical leave depends on how much leave you have already taken during the 12-month period that UVA uses for FMLA leave. You may take a total of 12 work weeks for FMLA or expanded family and medical leave reasons during a 12-month period. If you have taken some, but not all, of the 12 work weeks of your leave under FMLA during the current 12-month period determined by UVA, you may take the remaining portion of leave available. If you have already taken 12 work weeks of FMLA leave during this 12-month period, you may not take additional expanded family and medical leave. 

      For example, assume you are eligible for pre-existing FMLA leave and took two weeks of such leave in January 2020 to undergo and recover from a surgical procedure. You therefore have 10 weeks of FMLA leave remaining. Because expanded family and medical leave is a type of FMLA leave, you would be entitled to take up to 10 weeks of expanded family and medical leave, rather than 12 weeks. And any expanded family and medical leave you take would count against your entitlement to pre-existing FMLA leave.

    • 4. May I take leave under the Family and Medical Leave Act over the next 12 months if I used some or all of my expanded family and medical leave under the Emergency Family and Medical Leave Expansion Act?

      It depends. You may take a total of 12 work weeks of leave during a 12-month period under the FMLA, including the Emergency Family and Medical Leave Expansion Act. If you take some but not all 12 work-weeks of your expanded family and medical leave by December 31, 2020, you may take the remaining portion of FMLA leave for a serious medical condition, as long as the total time taken does not exceed 12 work weeks in the 12-month period. Please note that expanded family and medical leave is available only until December 31, 2020; after that, you may only take FMLA leave.

      For example, assume you take four weeks of Expanded Family and Medical Leave in April 2020 to care for your child whose school is closed due to a COVID-19 related reason. These four weeks count against your entitlement to 12 weeks of FMLA leave in a 12-month period. If you are eligible for pre-existing FMLA leave and need to take such leave in August 2020 because you need surgery, you would be entitled to take up to eight weeks of FMLA leave.

      However, you are entitled to emergency paid sick leave under the Emergency Paid Sick Leave Act regardless of how much leave you have taken under the FMLA. Emergency paid sick leave is not a form of FMLA leave and therefore does not count toward the 12 work weeks in the 12-month period cap. But please note that if you take emergency paid sick leave concurrently with the first two weeks of expanded family and medical leave, which may otherwise be unpaid, then those two weeks do count towards the 12 work weeks in the 12-month period.

    • 5. If I take emergency paid sick leave under the Emergency Paid Sick Leave Act, does that count against other types of paid sick leave to which I am entitled under State or local law, or UVA’s policy?

      No. Emergency paid sick leave under the Emergency Paid Sick Leave Act is in addition to other leave provided under Federal, State, or local law; an applicable collective bargaining agreement; or UVA’s existing company policy.

    • 6. What happens if I exhaust the 160 hours of Virginia PHEL and still need emergency leave?

      • If you are caring for an individual who has been advised by a healthcare provider to self-quarantine due to concerns, or for an individual who has been diagnosed with COVID-19, you may be able to use emergency paid sick leave for an additional 80 hours. Please contact Unum to apply.
      • If you are unable to work onsite due to your being in a high-risk category with an underlying health condition or immune deficiency, and have an approved accommodation, you may be able to use emergency administrative leave after PHEL is exhausted. Please use the absence code “Emergency Administrative (unable to work remotely)” in Workday and request leave using the normal process for requesting time off.
      • If you are subject to a federal, state, or local quarantine or isolation order related to COVID-19, or have been advised by a healthcare provider to self-quarantine due to concerns related to COVID-19, or are experiencing symptoms of COVID-19 and are seeking a medical diagnosis, you are eligible for consecutive leave benefits with both the VA PHEL and with the emergency paid sick leave. Please contact Unum to apply.
      • If you have been diagnosed with COVID-19, please call Unum to initiate an FMLA short-term disability request. You may use the Virginia PHEL while your short-term disability claim is pending approval.

      To learn more about which leave types you can use for different COVID-19 scenarios, see the "Usage of Leave Types" documents below:

    • 7. What kind of leave can I take to care for someone who is subject to a quarantine or isolation order?

      Academic Division Employees (not including SOM, SON)

      You are eligible to use Virginia Public Health Emergency Leave (PHEL) to attend to the medical needs of an immediate family member being tested or treated for COVID-19 (see additional details above, Virginia Public Health Emergency Leave section).

      Once PHEL is exhausted, you may take emergency paid sick leave under the FFCRA to care for an individual who, as a result of being subject to a quarantine or isolation order, is unable to care for him or herself and depends on you for care and if providing care prevents you from working or teleworking.

      Furthermore, you may only take paid sick leave to care for an individual who genuinely needs your care. Such an individual includes an immediate family member or someone who regularly resides in your home. You may also take paid sick leave to care for someone if your relationship creates an expectation that you would care for the person in a quarantine or self-quarantine situation, and that individual depends on you for care during the quarantine or self-quarantine.

      You may not take paid sick leave to care for someone with whom you have no relationship. Nor can you take paid sick leave to care for someone who does not expect or depend on your care during his or her quarantine or self-quarantine.

      UVA Health Team Members (including SOM, SON, UPG)

      You are eligible to use Virginia Public Health Emergency Leave (PHEL) to attend to the medical needs of an immediate family member being tested or treated for COVID-19 (see additional details above, Virginia Public Health Emergency Leave section).

      Once PHEL is exhausted, you may take UVA Health emergency paid sick leave to care for an individual who is subject to a federal, state or local quarantine or isolation order related to COVID-19, or who has been advised by a healthcare provider to self-quarantine due to concerns related to COVID-19 (see additional details above, UVA Health Emergency Paid Sick Leave section).

      For other leave options in this situation, see the "Usage of Leave Types" documents below:

    • 8. Can I take any COVID-19 related leave to care for an individual who is subject to a quarantine or isolation order or who has been advised to self-quarantine?

      Yes, you may take take PHEL, emergency paid sick leave (ACD, not including SOM, SON) or UVA Health emergency paid sick leave (UVA Health, SOM, SON, UPG) under these conditions:

      • You are caring for an immediate family member or someone who regularly resides in your home, and this care prevents you from working or teleworking.
      • You are caring for someone where your relationship creates an expectation that you care for the person in a quarantine or self-quarantine situation, and that individual depends on you for care during the quarantine or self-quarantine. This care prevents you from working or teleworking.

      You may not take PHEL, emergency paid sick leave (ACD, not including SOM, SON) or UVA Health emergency paid sick leave (UVA Health, SOM, SON, UPG) to care for someone with whom you have no relationship. Nor can you take these leave types to care for someone who does not expect or depend on your care during his or her quarantine or self-quarantine due to COVID-19.

    • 9. May I take paid sick leave or expanded family and medical leave if I am receiving workers’ compensation or short-term disability benefits through UVA?

      In general, no, unless you were able to return to light duty before taking leave. If you receive workers’ compensation or short-term disability benefits because you are unable to work, you may not take emergency paid sick leave or expanded family and medical leave. However, if you were able to return to light duty and a qualifying reason prevents you from working or teleworking, you may take emergency paid sick leave or expanded family and medical leave, as the situation warrants.

    Manager FAQs

    • 1. How do I count hours worked by a part-time employee for purposes of paid sick leave or expanded family and medical leave?

      A part-time employee is entitled to leave for his or her average number of work hours in a two-week period. Therefore, you calculate hours of leave based on the number of hours the employee is normally scheduled to work. If the normal hours scheduled are unknown, or if the part-time employee’s schedule varies, you may use a six-month average to calculate the average daily hours. Such a part-time employee may take paid sick leave for this number of hours per day for up to a two-week period, and may take expanded family and medical leave for the same number of hours per day up to ten weeks after that.

      If this calculation cannot be made because the employee has not been employed for at least six months, use the number of hours that you and your employee agreed that the employee would work upon hiring. And if there is no such agreement, you may calculate the appropriate number of hours of leave based on the average hours per day the employee was scheduled to work over the entire term of his or her employment.

    • 2. What records do I need to keep when my employee takes emergency paid sick leave or expanded family and medical leave?

      If one of your employees takes paid sick leave under the Emergency Paid Sick Leave Act, you must require your employee to provide you with appropriate documentation in support of the reason for the leave, including:

      • The employee’s name
      • Qualifying reason for requesting leave
      • Statement that the employee is unable to work, including telework, for that reason
      • The date(s) for which leave is requested.
      • Documentation of the reason for the leave will also be necessary, such as the source of any quarantine or isolation order, or the name of the health care provider who has advised the employee to self-quarantine. For example, this documentation may include a copy of the Federal, State or local quarantine or isolation order related to COVID-19 applicable to the employee or written documentation by a health care provider advising the employee to self-quarantine due to concerns related to COVID-19.
      • If you intend to claim a tax credit under the FFCRA for your payment of the sick leave wages, you should retain this documentation in your records. You should consult Internal Revenue Service (IRS) applicable forms, instructions, and information for the procedures that must be followed to claim a tax credit, including any needed substantiation to be retained to support the credit.

      If one of your employees takes expanded family and medical leave under the Emergency Family and Medical Leave Expansion Act to care for his or her child whose school or place of care is closed, or paid child care provider is unavailable, due to COVID-19, you must require your employee to provide you with appropriate documentation in support of such leave, just as you would for conventional FMLA leave requests.

      • For example, this could include a notice that has been posted on a government, school, or day care website, or published in a newspaper, or an email from an employee or official of the school, place of care, or child care provider.
      • This requirement also applies when the first two weeks of unpaid leave run concurrently with paid sick leave taken for the same reason.
      • If you intend to claim a tax credit under the FFCRA for the expanded family and medical leave, you should retain this documentation in your records. You should consult IRS applicable forms, instructions, and information for the procedures that must be followed to claim a tax credit, including any needed substantiation to be retained to support the credit.
    • 3. When calculating pay due to employees, must overtime hours be included?

      Yes. The Emergency Family and Medical Leave Expansion Act requires you to pay an employee for hours the employee would have been normally scheduled to work even if that is more than 40 hours in a week. 

      However, the Emergency Paid Sick Leave Act requires that emergency paid sick leave be paid only up to 80 hours over a two-week period. For example, an employee who is scheduled to work 50 hours a week may take 50 hours of emergency paid sick leave in the first week and 30 hours of emergency paid sick leave in the second week. In any event, the total number of hours paid under the Emergency Paid Sick Leave Act is capped at 80.

      If the employee’s schedule varies from week to week, please see the answer to Question 1, because the calculation of hours for a full-time employee with a varying schedule is the same as that for a part-time employee.

      Please keep in mind the daily and aggregate caps placed on any pay for emergency paid sick leave and expanded family and medical leave.

      Please note that pay does not need to include a premium for overtime hours under either the Emergency Paid Sick Leave Act or the Emergency Family and Medical Leave Expansion Act.