Leave Related to COVID-19
Important Update as of December 31, 2020
The Families First Coronavirus Response Act (FFCRA) expired on December 31, 2020. Congress has not extended nor reauthorized the Act.
While FFCRA leave is no longer available, eligible employees are encouraged to use their K-State accrued leave to manage pandemic-related challenges that may occur over the next several months.
Any questions may be directed to hr@ksu.edu.
Leave Type | Faculty/Staff | Temporary/ | Graduate Assistants | Student |
FFCRA-Emergency | Eligible | Eligible | Eligible | Eligible |
FFCRA-Expanded | Eligible if have been employed at least 30 calendar days | Eligible if have been employed at least 30 calendar days | Eligible if have been employed at least 30 calendar days | Eligible if have been employed at least 30 calendar days |
Employee | Eligible The reason for leave must fall within the eligible criteria for the type of leave used. Sick leave cannot be used for childcare. | Accrued leave not available | Accrued leave not available | Accrued leave not available |
Leave Without Pay | Eligible | Discuss with your supervisor if adjustment to work are possible | Discuss with your supervisor if adjustment to work are possible | Discuss with your supervisor if adjustment to work are possible |
The Families First Coronavirus Response Act (FFCRA) leave program was signed into law in March 2020. The FFCRA offers two types of leave. The emergency paid sick leave is available to all employees, including temporary employees, graduate student employees, and student employees, regardless of length of employment. The expanded family and medical leave is available to employees who have been employed for 30 calendar days, including temporary employees, graduate student employees, and student employees.
FFCRA Leave
- Employee is subject to quarantine or isolation order related to COVID-19 (Federal, State or Local)
- Employee is advised by a healthcare provider to self-quarantine related to COVID-19
- Employee is experiencing COVID-19 symptoms and is seeking a medical diagnosis
- Employee is caring for an individual subject to a quarantine or isolation order (Federal, State or Local) related to COVID-19 – OR – an individual that has been advised by a healthcare provider to self-quarantine related to COVID-19
- Employee is experiencing any other substantially-similar condition specified by the Secretary of Health and Human Services
- Employee is caring for their own child whose school or place of care is closed (or child care provider is unavailable) for reasons related to COVID-19
Resources Related to FFCRA
- FFCRA COVID-19 Leave Request Form (pdf)
- Determining Leave Eligibility Under Families First Coronavirus Response Act (FFCRA) (pdf)
- Families First Coronavirus Response Act (FFCRA) Paid Leave Entitlements (pdf)
- FFCRA Employee Rights Poster (pdf)
Frequently Asked Questions (FAQ's)
Families First Coronavirus Response Act (FFCRA), Emergency Paid Sick Leave (EPSL) and Emergency Family and Medical Leave Expansion Act (EFMLEA)
1. Who is eligible for the leave available?
The FFCRA offers two types of leave. The emergency paid sick leave is available to all employees, including temporary employees, graduate student employees, and student employees, regardless of length of employment. The expanded family and medical leave is available to employees who have been employed for 30 calendar days, including temporary employees, graduate student employees, and student employees.
2. May I take my paid sick leave or expanded family and medical leave intermittently while working remotely?
Please discuss your need for leave with your supervisor. If you are unable to work remotely your normal schedule of hours due to one of the qualifying reasons in the Emergency Paid Sick Leave Act, you and your employer may agree that you may take paid sick leave intermittently while working remotely. Similarly, if you are prevented from working remotely your normal schedule of hours because you need to care for your child whose school or place of care is closed, or child care provider is unavailable, because of COVID-19 related reasons, you and your employer may agree that you can take expanded family medical leave intermittently while working remotely.
3. If I take paid sick leave under the Emergency Paid Sick Leave Act, does that count against my accrued leave balance?
No. Paid sick leave under the Emergency Paid Sick Leave Act is in addition to other leave available to you.
4. My spouse and I both work for K-State. Are we both able to request the emergency paid sick leave or emergency family and medical leave because our child’s school or place of care is closed, or childcare provider is unavailable?
You can take the EPSL &/or EFMLEA for childcare purposes only when you need to. You would not be able to take the leave simultaneously with your child’s other parent.
5. When does an employee need to complete the FFCRA leave request form? Does the form have to be completed if the employee is receiving paid administrative leave?
If an employee is on administrative leave full-time and has no work responsibilities, they are not required to request leave. If an employee is logging regular work hours, or is logging a combination of regular work hours and administrative leave, the employee should request FFCRA leave for the hours that they would be working, but are unable to due to one of the following reasons:
- Employee is quarantined by a Federal, State, or local quarantine or isolation order related to COVID‐19
- Employee is advised by a health care provider to self-quarantine related to COVID-19
- Employee is experiencing COVID‐19 symptoms and seeking a medical diagnosis
- Employee is caring for an individual quarantined by a Federal, State, or local quarantine or isolation order related to COVID‐19
- Employee is caring for an individual who has been advised by a health care provider to self‐quarantine related to COVID‐19
- Employee is caring for their own child whose school or place of care is closed (or childcare provider is unavailable) for reasons related to COVID‐19
- Employee is experiencing any other substantially‐similar condition specified by the Secretary of Health and Human Services
6. What qualifies as a “place of care” or “childcare provider”?
“Place of care” is a physical location where care is provided for your child. The physical location does not have to be solely dedicated to childcare. Examples include but are not limited to schools, preschools, day care facilities, before and after school care programs, homes, summer camps and enrichment programs. “Childcare provider” is someone who cares for your child. This includes both individuals who are paid to provide childcare and individuals who provide childcare at no cost such as family members or neighbors.
7. Can I use EPSL or EFMLEA even if my child’s school has moved to online instruction where children are expected or required to complete assignments at home? Does this qualify as “closed”?
Yes, if the physical location of your child(ren)’s school is now closed and even if some or all instruction is still being done online or another form of distance learning.
8. Can I take EFMLEA to care for a child other than my own because childcare is unavailable?
No. Leave for childcare purposes is only available to care for your own son or daughter. Your own son or daughter is defined as your own child, which includes your biological, adopted, or foster child, your stepchild, a legal ward, or a child for whom you have day-to-day responsibilities to care for or financially support.
9. Can I take EPSL to care for a child other than my own?
You may be eligible to take EPSL to care for a child other than your own if the child is subject to a Federal, State, or local quarantine or isolation order related to COVID-19 or has been advised by a health care provider to self-quarantine due to concerns related to COVID-19 and the child otherwise reasonably depends on you for care. Your relationship creates an expectation that you would care for the child in these circumstances and the child must genuinely need your care. You may not take paid sick leave to care for someone with whom you have no relationship.
10. Can I use ESPL if I become ill with COVID-19 symptoms and decide to self-quarantine without seeking a medical diagnosis or advice from a healthcare provider?
No. To qualify for EPSL you would need to seek a medical diagnosis or otherwise be advised by a healthcare provider to self-quarantine. You will not qualify for EPSL if you decide on your own to self-quarantine without seeing or being advised to do so by a healthcare provider.
11. Can hourly student employees still use EPSL or EFMLEA after their scheduled appointment end date of 5/16/20?
No, employees are not eligible to use EPSL or EFMLEA if they are no longer active employees or if they are no longer scheduled to work because there is not enough work available for them. If the student employee is still appointed in their position and work is available for the student, then they may be eligible for EPSL or EFMLEA.
12. Can EPSL or EFMLEA be used prior to April 1, 2020?
No, EPSL and EFMLEA leave can only be used beginning on or after April 1, 2020.
13. Can employees still take vacation, sick or other accrued leave if they do not qualify for EPSL or EFMLEA leave?
Yes, accrued leave can still be taken for regular reasons subject to department approval processes.
14. Am I eligible for unemployment insurance benefits for time I was off work and receiving pay under EPSL or EFMLEA?
No, generally if you receive paid leave you would not be eligible for unemployment benefits. Contact the Kansas Department of Labor unemployment center at 800-292-6333 or at getkansasbenefits.gov for questions related to unemployment benefits.
15. What type of “health care provider” qualifies to provide advice to self-quarantine due to concerns related to COVID-19 for FFCRA covered leave purposes?
A. For FFCRA purposes a “health care provider” means a licensed doctor of medicine, nurse practitioner, or other health care provider permitted to issue a certification for purposes of the FMLA. Both health insurance companies with the State Employee Health Plan have telemedicine options:
16. I have been approved for leave under the Emergency Family Medical Leave Expansion Act (EFMLEA). What kind of leave do I report?
The first two workweeks of EFMLEA may be taken as Emergency Paid Sick Leave (EPSL), accrued leave, or leave without pay. Effective May 31, 2020, if you have a need for leave under the EFMLEA, you will be required to exhaust your own applicable accrued leave concurrently with the leave entitlements available under EFMLEA. Applicable accrued leave includes compensatory time, holiday compensatory time, vacation, or discretionary day. After these accrued leaves are exhausted, you will be paid for any remaining EFMLEA leave entitlements at 2/3 regular rate of pay to a maximum of $200 per day. You may take a total of 12 workweeks for Family Medical Leave Act (FMLA) approved leave or EFMLEA leave during a 12-month period. EFMLEA leave is available only through December 31, 2020.
17. My child's school has given me the choice to do remote learning or in-person class. Can I take FFCRA leave if I choose to do remote learning?
No. FFCRA allows for time off for employees when the physical location of a school or child care facility is closed, regardless of remote options.
18. My child’s school is doing a hybrid model of learning and has some days in-person learning and some days are required remote learning. Can I take FFCRA leave when my children are remote learning?
Yes. FFCRA leave would be approved on the days in which the child is at home remote learning, as the school would be considered “closed” if the child is required to complete work remotely. FFCRA leave would not be approved on the days the child is in-person school.
19. I have additional questions that weren’t covered in this FAQ. Where can I go for more answers?
You may have questions regarding the current COVID-19 situation that were not addressed in this FAQ. For additional information, see the K-State COVID-19 website or the Guidance for Supervisors and Employees.
