The new Families First Coronavirus Response Act (FFCRA) is super helpful and super confusing. Thankfully the U.S. Department of Labor has published (and continues to update) a long list of frequently asked questions.
Magleby will be following the guidelines posted by the Department of Labor in issuing the paid leave. The FFCRA went into effect April 1, 2020 and will run until December 31, 2020.
Eligibility
You are entitled to take leave if you are unable to work/telework because you:
- Are subject to a Federal/State/Local quarantine or isolation order related to COVID-19
- Have been advised by a health care provider to self-quarantine
- Are experiencing COVID-19 symptoms and are seeking medical diagnosis
- Are caring for an individual subject to a Federal/Sate/Local/health care provider quarantine/isolation order
- Are caring for a child whose school or place of care is closed or the child care provider is unavailable due to COVID-19
- Are experiencing any other substantially-similar condition as specified by the U.S. Department of Health and Human Services
How much you are paid during leave depends on the reason you are taking the leave. Please see the FFCRA poster for more details.
The FFCRA paid leave is available for individuals needing leave on or after April 1, 2020 through December 31, 2020 due to COVID-19 related issues.
Documentation Required
For FFCRA leave, we are required to gather specific information. You can provide the necessary information either in writing via email or by calling HR. If you request leave, we will need to record:
- Your name
- The date(s) you are requesting leave
- The reason for the leave
- A statement from you that you are unable to work due to that reason
Additionally,
- If requesting leave for a quarantine or isolation order for yourself or to care for someone ordered to quarantine/isolate, the name of the government entity or healthcare provider issuing the order.
- Also provide the name of the person you are caring for and his/her relationship to you
- If requesting leave to care for a child whose school or place of care is closed, you will need to provide:
- The name and age of the child(ren) being cared for
- The name of the school, place of care, or child care provider that has closed or become unavailable
- A statement from you that no other suitable person is available to care for the child during the duration of requested leave
- If you cannot work/telework during daylight hours because you need to provide care for a child(ren) older than fourteen, you will need to provide a statement that special circumstances exist requiring that you provide care
Health Care Provider Quarantine
You are eligible for 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).
Self-Quarantine without Medical Direction
If you become ill with COVID-19 symptoms, you may take 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 paid sick leave. You may not take paid sick leave under the FFCRA if you decide on your own 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.
Caring for Someone in Quarantine
You may take paid sick leave to care for an individual who, as a result of being subject to a Federal/State/local/health care provider 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 and from 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 take paid sick leave to care for a self-quarantining individual if a health care provider has advised that individual to stay home or otherwise quarantine him or herself because he or she may have COVID-19 or is particularly vulnerable to COVID-19 and provision of care to that individual prevents you from working (or teleworking).
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.
Child Care / Place of Care
A “child care provider” is someone who cares for your child. This includes individuals paid to provide child care, like nannies, au pairs, and babysitters. It also includes individuals who provide child care at no cost and without a license on a regular basis, for example, grandparents, aunts, uncles, or neighbors.
A “place of care” is a physical location in which care is provided for your child. The physical location does not have to be solely dedicated to such care. Examples include day care facilities, preschools, before and after school care programs, schools, homes, summer camps, summer enrichment programs, and respite care programs.
You may take paid sick leave or expanded family and medical leave to care for your child only when you need to, and actually are, caring for your child if you are unable to work or telework as a result of providing care. Generally, you do not need to take such leave if a co-parent, co-guardian, or your usual child care provider is available to provide the care your child needs
Definition of Son or Daughter
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. A “son or daughter” is also an adult son or daughter (i.e. one who is 18 years of age or older), who (1) has a mental or physical disability, and (2) is incapable of self-care because of that disability.
HR Assistance
Depending on the reason you are needing the leave, you may need to take leave in full-day increments or intermittently.
Contact HR to discuss your specific situation or for additional assistance and questions. Call (801) 785-9998 or via email:
Kris Talynn, ktalynn@maglebyconstruction.com
Nicole Evans, nevans@maglebyconstruction.com
Scott Magleby, smagleby@maglebyconstruction.com
In addition, please refer to the Department of Labor’s FAQ’s.
