Emergency Family and Medical Leave Act (EFMLA)
Emergency Family and Medical Leave Act (EFMLA) provides a temporary expansion of FMLA benefits to assist employees who are facing child care needs for the employee's child during the COVID-19 public health emergency.
Amount of Leave to be Granted
Eligible employees are entitled to 12 work weeks of public health emergency leave from April 1, 2020 through December 31, 2020. This new period of FMLA does not provide an additional 12 weeks of leave entitlement, but rather provides a new qualifying reason for which leave can be taken. Employees are still limited to a total of 12 week of FMLA for 2020.
Eligible employees are now allowed to take leave due to a qualifying need related to the COVID-19 public health emergency. The only qualifying need is that the employee is unable to work or telework because the employee is needed to care for the employee’s minor child under age 18 due to an elementary or secondary school or place of care closure, or due to the unavailability of a child care provider, because of a COVID-19 public health emergency. Employees who have a child, age 18 or older, who is incapable of self-care because of a mental or physical disability shall be eligible for public health emergency leave. EFMLA can be taken on either continuous or intermittent basis.
The FMLA eligibility criteria for employees impacted by the COVID-19 public health emergency has been substantially expanded. Employees absent due to the COVID-19 are only required to have worked for New York State for a period of 30 calendar days. The requirement of one cumulative year of State service and 1,250 hours prior to the qualifying event does not apply to absences for the public health emergency leave related to COVID-19.
The first 10 days of COVID-19 public health emergency leave may be unpaid, although employees have the option to substitute any type of available paid leave (i.e., FEPSLA, vacation, personal leave, or sick leave). An employee shall be paid at two-thirds of the employee’s regular rate of pay, subject to a cap of $200 per day and $2,000 in the aggregate, for those employees who work a 40-hour work week.
An employee who chooses to charge FEPSLA for the first 10 days of EFMLA will be paid at two-thirds of the employee's regular rate of pay, subject to a cap of $200 per day and $2,000 in the aggregate, for those employees who work a 40-hour work week. The FEPSLA portion of the EFMLA can be used on either a continuous or intermittent basis.
Employees who would like to request Emergency Family and Medical Leave should fill out the Emergency Family and Medical Leave Request Form and submit to their supervisor with a cc to Human Resources at Human.Resources@fredonia.edu
For more information, please see the Employee Notice on Emergency Paid Sick Leave and Emergency Expanded Family and Medical Leave.