Emergency Paid Sick Leave
Effective April 1, 2020, through Dec. 31, 2020, a full-time employee (staff, faculty or administrator) may take up to two weeks, or 80 hours, of Emergency Paid Sick Leave (EPSL), in accordance with the Emergency Paid Sick Leave Act (EPSLA), if the employee is unable to work or telecommute due to one or more of the following qualifying reasons. Part-time employees may take up to the average number of hours worked over a two-week period.
Eligibility
An employee may take Emergency Paid Sick Leave (EPSL) when the employee is unable to work or telecommute due to a need for leave because the employee is:
- Subject to a local, state or federal quarantine or isolation order related to COVID-19;
- Under self-quarantine due to concerns related to COVID-19 based on the advice of a health care provider;
- Experiencing symptoms of COVID-19 and seeking a medical diagnosis, such as making, waiting for or attending an appointment for a COVID-19 test;
- Caring for an individual who is subject to an order as described in (1) or who has been advised as described in (2);
- Caring for a minor (under age 18) child of the employee whose school facility is closed or whose childcare provider is unavailable due to concerns related to COVID-19 and no other suitable person is available to care for the child; or
- Experiencing any other substantially similar condition, as specified by federal agencies.
- An employee is eligible to take EPSL from the first day of employment with the College District. The College District may, at its sole discretion, exclude health care providers, including an employee offering health-care instruction, and emergency responders, including law enforcement, from coverage under this provision.
Caring for an Individual
For purposes of item four (4) above, an “Individual” shall mean a member of the employee’s immediate family, a person who regularly lives at the employee’s home, or a similar person with whom the employee has a relationship that creates an expectation of care by the employee if the person is quarantined or self-quarantined. To qualify, the person must have a personal relationship with the employee and must expect or depend on the employee’s care.
Minor Child
For purposes of item five (5) above, an employee’s “Minor Child” shall mean a child under age 18 (or a person who is incapable of self-care because of a mental or physical disability) and include a biological, adopted or foster child, a stepchild, a legal ward or a child of a person standing in loco parentis (i.e., someone with day-to-day responsibilities to care for or financially support a child).
Pay Entitlement
The rate of pay for EPSL shall be determined by the qualifying reason for the leave and paid in accordance with applicable laws.
Leave Supplement
An eligible employee may elect to supplement EPSL with any other form of applicable and accrued paid leave provided by the district, up to the employee’s normal earnings.
Intermittent or Reduced Leave
The College District shall permit use of intermittent or reduced schedule EPSL upon written agreement between the College District and an eligible employee who is unable to telecommute during the employee’s normal schedule because the employee must care for a minor child of the employee whose school facility is closed or whose childcare provider is unavailable due to concerns related to COVID-19 and no other suitable person is available to care for the child. Such intermittent leave may be taken in any increment.
Certification
Upon request to use EPSL, an employee shall provide certification, as required by EPSLA regulations, of the need for leave.
Sick Leave Pool
Where a full-time employee has exhausted all leave provided under this policy, the College District sick leave pool administrator may authorize use of paid sick leave from the sick leave pool during the EPSLA leave period. For purposes of application to the sick leave pool, an employee who is eligible for EPSL shall also qualify as having a “Catastrophic Illness or Injury.” [See DEC(LOCAL)]
Emergency Family and Medical Leave: Leave Entitlement
Effective April 1, 2020, through Dec. 31, 2020, an eligible employee of the college district may take up to 12 workweeks of un-paid Emergency Family and Medical Leave Expansion Act (EFM-LEA) leave in a 12-month period if the employee is unable to work or telecommute due to the need to care for the employee’s minor child if the child’s school facility is closed or child care is unavailable due to a public health emergency. To qualify there must be no other suitable person available to care for the child. An employee may be eligible to take EFML if they have worked at least 30 calendar days with the College District.
The College District may, at its sole discretion, exclude health care providers, including an employee offering health-care instruction, and emergency responders, including law enforcement, from coverage under this provision.
Emergency Family and Medical Leave (EFML) is added to the other leave entitlements afforded under the FMLA. [See DECA(LOCAL) for more on FMLA Leave.]
12 Weeks/12-Month Period
The total leave available under the FMLA is a total of 12 weeks combined for all FMLA reasons (including qualifying reasons under the EFMLEA) in the 12-month period. The College District shall use a fiscal year as defined in DD(LOCAL) for purposes of determining the 12-month period during which eligible employees may take Emergency Family Medical Leave.
Minor Child
For the purposes of this policy, an employee’s minor child shall mean a child under age 18 (or a person who is incapable of self-care because of a mental or physical disability) and include a biological, adopted or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis (i.e. someone with day-to-day responsibilities to care for or financially support a child).
Concurrent Use/Pay Entitlement
The first two weeks (usually 10 days) of EFML are unpaid, unless an employee elects to use available paid sick leave under the Emergency Paid Sick Leave Act (EPSLA), if eligible, or any other applicable and accrued paid leave provided by the district, concurrently. After the expiration of two weeks of EFML, an eligible employee must use EFML concurrently with all applicable and accrued paid leave. If the employee exhausts all applicable and accrued paid leave in advance of the expiration of the employee’s EFML entitlement, the subsequent period of available EFML shall be paid in accordance with applicable laws. [SEE DEC (LOCAL-SUPPLEMENT).
Sick Leave Pool
Where a full-time employee has exhausted all leave provided under this policy, the College District sick leave pool administrator may authorize use of paid sick leave from the sick leave pool during the EFMLEA leave period. For purposes of application to the sick leave pool, an employee who is eligible for EFML shall also qualify as having a “Catastrophic Illness or Injury.” [See DEC(LOCAL)]
Intermittent or Reduced Leave
The college district shall permit use of intermittent or reduced schedule EFML upon written agreement between the College District and an eligible employee who is unable to telecommute during the employee’s normal schedule because of a qualifying reason under the EFMLEA. Such intermittent leave may be taken in any increment.
Certification
An employee shall provide certification prior to taking EFML, as required by EFMLEA regulations, of the need for leave. Employees must provide the College District as much notice of EFML as is practicable when such need is foreseeable. Please note that all existing certification requirements under the FMLA remain in effect if you are taking leave for one of the other qualifying reasons under the FMLA. [See DECA(LEGAL)]