Family First Coronavirus Response Act

The Families First Coronavirus Response Act (FFCRA) provides:

  1. up to 80 hours paid time off (less for part time employees) for qualifying reasons related to the COVID-19 virus (Emergency Paid Leave); and
  2. expands the FMLA to include as a qualifying reason for FMLA leave an absence made necessary  by a COVID-19-related school closing and/or the unavailability of professional childcare, which after 2 weeks are paid.

This FAQ is provided to answer some of your questions as to how the Act will be administered at Miami.  There are additional resources regarding the Families First Coronavirus Response Act provided by the US Department of Labor. 

See: https://www.dol.gov/agencies/whd/pandemic/ffcra-questions 

For additional information on how the FMLA applies to all other COVID-19 related absences, see https://www.dol.gov/agencies/whd/fmla/pandemic

Contact Employee and Labor Relations with any questions.

Marla Niebling
nieblimb@miamioh.edu
513-529-0432

Lauran Franklin
franklln@miamioh.edu
513-529-9551

Becky Wilp
Becky.Wilp@miamioh.edu
513-529-2684 

Request FFCRA Leave


Frequently Asked Questions

1. Will the two weeks of Emergency Paid Leave be credited to my sick leave bank?

No. Federally mandated Emergency paid leave can only be used for the reasons described below and will expire at the end of the 2020 calendar year.

2. What are the qualifying reasons for Emergency Paid Leave related to COVID-19?

An employee is entitled to take leave related to COVID-19 if the employee is unable to work, including unable to telework, because the employee:
  1. Is subject to a Federal, State, or local quarantine or isolation order related to COVID-19;
  2. Has been advised by a health care provider to self-quarantine related to COVID-19;
  3. Is experiencing COVID-19 symptoms and is seeking a medical diagnosis
  4. Is caring for an individual subject to an order described in (1) or self-quarantine as described in (2);
  5. 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; or
  6. Is experiencing any other substantially-similar condition specified by the U.S. Department of Health and Human Services.

3. What are the paid leave entitlements under the Families First Coronavirus Response Act?

Up to two weeks (80 hours, or a part-time employee’s average two-week equivalent) of paid sick leave based on the higher of their regular rate of pay, or the applicable state or Federal minimum wage, paid at:
  • 100% for qualifying reasons #1-3 in Question 2, above, up to $511 daily and $5,110 total;
  • 2/3 for qualifying reasons #4 and 6 in Question 2, above, up to $200 daily and $2,000 total; and
  • Up to 12 weeks of combined Emergency Paid Leave (2 weeks) and expanded FMLA (up to 10 weeks) paid at 2/3 for qualifying reason #5 above for up to $200 daily and $12,000 total.

5. Do the five days of emergency leave that were credited to our sick leave banks in March to use in relation to COVID-19 absences count towards the Emergency Paid Leave provision in the Families First Coronavirus Response Act?

No, the five days of emergency leave that were credited to your sick leave banks to use in relation to COVID-19 absences do not count towards the two weeks of paid leave under the Emergency Paid Leave provisions for the Families First Coronavirus Response Act.

6. May I take 80 hours of Emergency Paid Leave for one of the reasons listed under Question 2 above, and then take an additional 80 hours of Emergency Paid Leave for another reason?

No. You only get a total of two weeks, or ten days, capped at 80 hours (less if you are a part time employee), of paid sick leave for any combination of qualifying reasons under Emergency Paid Leave. Once that is exhausted, and unless you qualify for paid FMLA leave, you will need to use your sick time, vacation or other paid time off

7. What if my serious health condition, or my immediate family member’s serious health condition last longer than the 2 weeks provided under the Emergency Paid Leave?

You should apply for FMLA using the FMLA request formstack.  https://www.miamioh.edu/human-resources/my-life-events/leaves/family-medical-leave-act/index.html

8. Is all FMLA leave now  paid?

No. The paid FMLA leave provision only applies  to leaves taken because the employee is unable to work, including unable to telework, because the employee 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 (reason 5 under Question 2, above). FMLA leave for any other reason, including a serious medical condition related to COVID-19, are unpaid unless the employee has sick leave, vacation or other paid time off.

9. If my unpaid friend or family member has been providing care for my child and is no longer available to provide that care, am I eligible for leave under the FMLA expansion act?

No, the FMLA expansion act defines “child care provider” as one who provides child care on a regular basis and receives compensation for those services. You will be required to document that your childcare provider meets this definition.

10. How long do I need to have been employed by Miami University to be eligible for the FMLA childcare leave expansion?

For FMLA taken for childcare reasons (see reason 5 under Question 2, above), you are qualified for leave if you have been employed by Miami University for 30 days at the commencement of the leave. 

To qualify for an FMLA leave for any other reason, you must meet all the normal FMLA eligibility criteria (employed by Miami for 12 months, worked 1250 hours in the past 12 months, etc.). 

11. If I have already exhausted all 12 work weeks of FMLA for this fiscal year, am I eligible for an additional 12 workweeks under the FMLA expansion act?

No. The Act does not expand the total amount of FMLA leave to which you are eligible during each fiscal year, 12 workweeks total. If you have already exhausted your 12 workweeks, you are not eligible for any more leave entitlement under the FMLA or FMLA expansion act. If you have only used a portion of your 12 workweeks, you would be eligible to take the remaining balance of your 12 workweeks for the additional reason provided by the FMLA expansion act. Note that the Emergency Paid Leave is separate from the FMLA and you may be eligible to take this leave. See Question 2, above.

12. How will leave taken under the Family First Coronavirus Response Act be coded?

Guidance on Kronos coding will be forthcoming.