Paid leave through the Families First Coronavirus Response Act

TSEA April 21, 2020 Comments Off on Paid leave through the Families First Coronavirus Response Act
Paid leave through the Families First Coronavirus Response Act

According to a recent communication from the Tennessee Department of Human Resources, under the Families First Coronavirus Response Act (FFCRA), the State of Tennessee is providing eligible state employees with paid sick leave and expanded Family and Medical Leave (FMLA) for specific reasons related to COVID-19.

FFCRA is effective from April 1, 2020, to December 31, 2020, and requires the State of Tennessee to provide employees up to 2 weeks of emergency paid sick leave (EPSL) for certain COVID-19 related reasons. 

Emergency Paid Sick Leave (EPSL)

EPSL for any of these reasons is paid at 100% of employee’s regular rate to a max of $500/day:

  • You are subject to a federal, state, or local quarantine or isolation order related to COVID-19, or, 
  • A health care provider has advised you to self-quarantine due to COVID-19 concerns, or,
  • You are experiencing COVID-19 symptoms and seeking a medical diagnosis.

EPSL for any of these reasons is paid at two-thirds of employee’s regular rate of pay to a max of $200/day (Employees wishing to receive full pay will need to use their accumulated leave.):

  • You are caring for an individual subject to a federal, state, or local quarantine or isolation order, or,
  • You are caring for your child (under the age of 18 or 18 or older and incapable of self-care) because the child’s school or place of care is closed or unavailable due to the public health emergency 

In addition, if you are taking leave to care for your child while their school or place of care is closed or unavailable due to the public health emergency, and you have been employed for at least 30 calendar days, you may also be eligible for Expanded Family and Medical Leave

The first 10 days are unpaid; however, Emergency Paid Sick Leave (EPSL) or accrued leave may be used to cover these days. Any remaining time (up to 10 weeks) taken is paid at two-thirds of employee’s regular rate of pay. 

Also, Expanded Family and Medical Leave is paid at two-thirds of employee’s regular rate of pay to a max of $200/day. If you wish to receive full pay, employees will need to use their accumulated leave.

PLEASE NOTE: Consistent with the authority granted by the FFCRA, some job classifications may be deemed ineligible for a portion or all of the leave provided for in the FFCRA. Such exclusions may be made to maintain essential services to support the health, welfare, and safety of Tennesseans during the pandemic. Each department has a list of positions that may be deemed ineligible. For questions regarding eligibility or use of FFCRA leave benefits, please click here to view the FFCRA FAQs.

To request leave under the Families First Coronavirus Response Act fill out the FFCRA request form and E-mail the completed document as soon as practicable to your Human Resources office. Click here for the FFCRA Leave Request form.

President Trump signed the FFCRA into law on March 18, 2020. The U.S. Department of Labor continues to issue additional guidance on the Act. To view an overview of the FFCRA, please click here.