Families First Coronavirus Response Act
Expansion of Emergency FMLA and Emergency Sick Leave
Employee eligibility for benefits under the Expansion of FMLA Act (Emergency FMLA):
To be eligible, employees must have been employed by the APL for at least 30 calendar days and must provide notice to HR (if practical).
The Act provides up to 12 weeks of job-protected leave for employees who are unable to work (or telework) because of a “qualifying need related to a public health emergency, which is defined as:
- The Employee is unable to work (or telework) because they must care for a son or daughter under 18 years old if the school or place of care for the child has been closed; or
- The childcare provider for the son or daughter is unavailable due to a public health emergency.
Emergency Paid Sick Leave Act (EPSLA)
Employee eligibility for benefits under the EPSLA:
All employees are eligible regardless of their length of employment at the APL. Employees must provide notice to HR (if practical).
The Act requires 80 hours of paid emergency sick leave be given to full-time employees or the number of hours worked, on average, over a two-week period be given to part-time employees who cannot work for any of the following reasons:
- The employee is subject to a government (Federal, State, or local) quarantine or isolation order related to COVID-19;
- The employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis or has been diagnosed with COVID-19;
- The employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19;
- The employee is taking care of an individual who is subject to a Federal, State, or local quarantine or isolation order related to COVID-19 or who has been advised by a health care provider to self-quarantine due to concerns related to COVID-19;
- The employee is caring for a son or daughter whose school, place of care or care provider has been closed or becomes unavailable due to COVID-19 precautions; or
- The employee is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services in consultation with the Secretary of the Treasury and the Secretary of Labor.
Employees who cannot work solely due to a work shortage at the APL may use accrued vacation time, sick time, or file for unemployment.
NOTE: If employees receive ongoing pay for vacation or sick time, or if you are holding your vacation or sick time in your bank, while you are receiving unemployment, this may reduce your unemployment benefits. For unemployment rules and benefits, see the Ohio unemployment website: http://jfs.ohio.gov/ouio/CoronavirusAndUI.stm
Question 1: Will workers qualify for unemployment benefits if the coronavirus (COVID-19) causes an employer to shut down operations?
Answer: Ohio unemployment benefits are available to individuals who are unemployed through no fault of their own. If an employer must shut down operations and no work is available, individuals may be eligible for unemployment benefits if they meet the monetary … – jfs.ohio.
The state will also eliminate the one-week waiting period to receive benefits and the requirement beneficiaries be actively seeking work. The state’s unemployment benefits website information specific to the coronavirus state of emergency: http://jfs.ohio.gov/ouio/CoronavirusAndUI.stm
NOTE: Ohio is one of the states that allows partial unemployment. You can collect a portion of your benefits – if working part-time, to provide a supplemental income in addition to receipt of a smaller paycheck (pending a viable work schedule), during this emergency period – when full-time work is not available through a current employer. This could be very helpful to employees moved to a reduced work schedule scenario. Please refer to Ohio’s unemployment website for rules of eligibility.