The Families First Coronavirus Response Act (FFCRA) consists of two components: the Paid Sick Leave Act and the Expanded Family and Medical Leave Act (E-FMLA). Integrity Data’s COVID-19 Response Task Force has researched and summarized the E-FLMA here, while providing tips for managing the E-FMLA portion of the Coronavirus legislation in Microsoft Dynamics® GP. We will summarize the important points established by guidance of the U.S. Department of Labor FAQs.
E-FMLA does not extend normal FMLA
Private employers with fewer than 500 employees and government employers are required to provide 12 weeks of FMLA to all employees that have been employed for at least 30 days and are unable to work (or telework) because their child’s school or daycare was closed due to COVID-19.
It’s important to understand the E-FMLA does not extend normal FMLA. Rather, it simply alters your payroll department the reason you can take FMLA, and makes it paid leave instead of unpaid leave in certain circumstances. Specifically, the E-FMLA takes the normal unpaid 12 week period of FMLA and changes it so that the first 2 weeks are unpaid followed by 10 weeks of paid leave.
The intent is that the first 2 weeks of leave will be covered by the Paid Sick Leave provisions of the FFCRA and then the next 10 weeks will be covered by E-FMLA, ensuring an unbroken period of some form of paid leave.
Under FFCRA, the restrictions on taking the 10 week E-FMLA paid leave are tighter than those for the first 2 weeks of Paid Sick Leave. To qualify for takinge E-FMLA, one of the following reasons must apply:
- Caring for an individual who is subject to a Federal, State, or local quarantine or isolation order related to COVID-19 or an individual who has been advised by a health care provider to self-quarantine due to concerns related to COVID-19;
- Caring for your child whose school or place of care is closed, or child care provider is unavailable, due to COVID-19 related reasons; or
- Experiencing any other substantially-similar condition** that may arise, as specified by the Secretary of Health and Human Services.
The above are often listed in blogs or FAQs as reasons 4-6 of the qualifying events for Paid Sick Leave, so note that when looking for references on that topic.
At Integrity Data, our longtime relationship with Microsoft Dynamics GP and leave management makes us uniquely equipped to address E-FMLA requirements, especially in these times of COVID-19 changes. We are dedicated to providing Dynamics GP customers with the tools they need to work with the FFCRA.