This policy statement will provide University of Science and Arts of Oklahoma faculty, staff and student employees with resources for employment continuity.
Beginning April 1, 2020, the Families First Coronavirus Response Act (FFCRA) will expand the Family Medical Leave Act (FMLA) protection to employees who are unable to work or telework because they 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. The expanded protection only applies to care for a biological child, stepchild, adopted child or child placed in care under foster or a court order under age 18.
- The expanded FMLA protection will apply to all employees who have been employed for 30 days and removes working hour requirements.
- The 12 weeks of protection will be available from April 1, 2020, to December 31, 2020, but does not grant additional FMLA entitlement to employees who have used FMLA protection in the preceding 12 months, nor does the leave apply retroactively.
- During the first 10 days of expanded FMLA protection, employees can utilize emergency paid sick leave, if available, that would not reduce their leave balances. If none of this leave is available, the employee may use other appropriate forms of accrued paid leave.
The remaining 10 weeks of leave are paid as follows:
- For Full-Time employees: Two-thirds pay, up to $200 per day and no more than $10,000 in the aggregate;
- For Part-Time employees: Two-thirds pay, up to $200 per day that is equal to the average number of hours per day for the six-month period immediately preceding the request for leave.;
- Employees will use accrued compensatory time, vacation time then sick leave to be made whole, but not to exceed their regular per pay period earnings; and,
- Employees will be required to submit leave time request to the Personnel and Business Office to be made whole, or will otherwise be paid as outlined above.
Employees that request FMLA protection under the FFCRA will submit the FMLA FFCRA request form to Personnel and Business Office and attach documentation as follows:
- Proof of their child’s enrollment in an Oklahoma public, charter or virtual school, or;
- Notice of closure due to COVID-19 and proof of their child’s enrollment in private school or day care facility.
Employees that are scheduled to telework and are unable to do so due to child care restraints should request FMLA as soon as possible after April 1, 2020. Supervisors are encouraged to reach out to the Personnel and Business Office if they believe their employee should utilize FMLA.
Emergency Paid Sick Leave
Emergency paid sick leave entitles any eligible employee (as defined by the Fair Labor Standards Act) regardless of their length of service, to emergency paid sick leave if the employee, in connection with COVID-19, meets at least one of the specified criteria; full-time eligible employees may take up to 80 hours of paid leave. Affected part-time employees may take paid leave for up to their average number of hours worked over a two-week period. This leave is effective April 1, 2020, through December 31, 2020. Covered employees are entitled to use this emergency paid sick leave before using any other accrued leave.
This law includes an exemption and therefore does not cover “Health Care Providers” or “Emergency Responders”.
Compensation for those employees who must be quarantined or isolated and/or are experiencing COVID-19 symptoms (criteria 1, 2, and 3) is capped at $511 per day and an aggregate total of $5,110.
- Subject to a federal, state or local quarantine or isolation order;
2. Advised by a health care provider to self-quarantine; or,
3. Experiencing symptoms and seeking a medical diagnosis.
Compensation for those who are caring for someone else (criteria 4 and 5) is to be at least two-thirds (2/3) of their regular pay rate but capped at $200 per day and an aggregate total of $2,000.
- Caring for an individual who is subject to (1) or (2);
5. Caring for a son or daughter whose school or child care provider is closed or unavailable; or,
6. Experiencing any other substantially similar condition specified by the U.S. Department of Health and Human Services.