Expanded Family and Medical Leave Policy (COVID-19)

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All eligible California employees are entitled to up to 12 weeks of expanded family and medical leave for a qualifying need related to a public health emergency between April 1, 2020 and December 31, 2020 under the Families First Coronavirus Response Act (FFCRA).

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Eligibility

 

Expanded family and medical leave is available to all employees that have been employed their current employer for at least 30 calendar days. One is considered to have been employed for at least 30 calendar days if:

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• You were on the Agency's payroll for the 30 days immediately prior to the day your leave would begin; or

• You were laid off or otherwise terminated by the Agency on or after March 1, 2020 and were rehired or otherwise re-employed by the Agency on or before December 31, 2020, provided that you had been on the Agency's payroll for leave upon reinstatement if you had been previously employed by the Agency for 30 or more of the 60 calendar days prior to your layoff or termination.

 

Reason for Leave

 

Leave under is limited to circumstances where the employee is unable to work (including telework) due to a need to care for a son or daughter whose school or place of care has been closed, or whose childcare provide is unavailable, for reasons related to COVID-19. Son or daughter means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is under 18 years of age or is 18 years of age or older and is incapable of self-care because of a mental or physical disability. Leave under this policy is qualifying only if no suitable person is available to care for your child during the period of such leave.

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Compensation

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The first 10 days (two weeks) of expanded family and medical leave are unpaid. However, during this period, the employee may use accrued paid vacation, sick, or personal leave and will receive the full amount of such accrued leave.  An employee may also elect to use the paid leave provided under the Emergency Paid Sick Leave Act, which provides pay up to a maximum of $200 per day. After the first two workweeks of expanded family and medical leave, leave will be paid at two-thirds of the employee's regular rate of pay for the number of hours h or she would otherwise be scheduled to work. Pay will not exceed $200 per day and $10,000 in total, or $12,000 in total if using emergency paid sick leave for the first two weeks. Any unused portion of this pay will not carry over to the next year. For employees with varying hours, one of the following methods for determining the number of hours paid will be used:

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• If the individual has worked six months or more, the average number of hours that the employee was scheduled per day over the six-month period ending on the date on which the individual takes leave, including hours for which they took leave of any type.

• If the individual has worked less than six months, the expected number of hours to be scheduled per day at the time of hire.

 

Restoration

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Upon returning to work at the end of leave, the employee will generally be placed in his or her original job or an equivalent job with equivalent pay and benefits. The employee will not lose any benefits that accrued before leave was taken. The law provides an exception for employers with fewer than 25 employees. In such circumstances, if the employee takes family and medical leave, the business may not need to return the employee to his or her position if:

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• The position does not exist due to changes in the Agency's economic or operating condition that affect employment and were caused by the coronavirus emergency;

• The Agency makes "reasonable efforts" to restore you to an equivalent position; and

• If these efforts fail, the Agency makes an additional reasonable effort to contact you if an equivalent position becomes available. The "contact period" is the one-year window beginning on the earlier of:  (1) The date on which you no longer need to take leave to care for your child; or (2)  12 weeks after your paid leave commences.

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Potential Exemption

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Employers with fewer than 50 employees, under certain circumstances, may deny otherwise qualifying leave under this policy if granting such leave would jeopardize the viability of the business as an ongoing concern. A business is exempt from the requirement of providing expanded family and medical leave when:

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• Such leave would cause the business expenses and financial obligations to exceed available business revenue and cause the Agency to cease operating at a minimal capacity;

• The absence of those requesting such leave would pose a substantial risk to the financial health or operational capacity of the business because of their specialized skills, knowledge of the business, or responsibilities; or

• The business cannot find enough other workers who are able, willing, and qualified and who will be available at the time and place needed, to perform the labor or services those requesting leave provide, and these labor and services are needed for the Agency to operate at minimum capacity.