REQUEST FOR LEAVE RELATED TO CORONAVIRUS (COVID-19)

Families First Coronavirus Response Act (FFCRA) and Discretionary Leave

 

A Decision Tool and Information Packet is now available for employees to learn about the leave benefits available to those affected by COVID-19. Use the navigation buttons in the DECISION TOOL to complete your assessment.

 

PACKET A:

DOWNLOAD Request Form if you are an employee of any County Department other than the ones listed below for Packet B.

PACKET B:

DOWNLOAD Request Form if you are an employee of these departments: Children and Family Services, Fire, Health Services, ISD, Medical Examiner-Coroner, Mental Health, Probation, Public Health, Public Social Services, Public Works, or Sheriff.

COVID-19

FREQUENTLY ASKED QUESTIONS

FFCRA/Discretionary Leaves

  • The FFCRA provides protected leave for employees related to impact of Coronavirus (COVID-19).
  • The leave is available for use from April 1, 2020 through December 31, 2020 only.
  • The FFCRA allows employers of a “health care provider” or an “emergency responder” to exclude certain employees from these benefits.

The County of Los Angeles has excluded employees in the following 11 County departments:

  • Children and Family Services
  • Fire
  • Health Services
  • Internal Services Department
  • Medical Examiner-Coroner
  • Mental Health
  • Probation
  • Public Health
  • Public Social Services
  • Public Works
  • Sheriff

Yes.  These employees are eligible for County-provided Discretionary Leave that is equivalent to the FFCRA leaves, with the same eligibility requirements and qualifying leave reasons.

Employees with County-provided Discretionary Leave may submit requests for the following leaves:

  • COVID Paid Leave: Provides up to 80 hours of leave, with the amount of pay dependent on the qualifying reason the leave is being taken.
  • COVID Leave: Provides up to 12 weeks of leave, with Days 1 through 10 unpaid, and Days 11 through Week 12 partially paid.

Employees with FFCRA protected leaves may submit requests for the following leaves:

  • Emergency Paid Sick Leave (EPSL): Provides up to 80 hours of leave, with the amount of pay dependent on the qualifying reason the leave is being taken.
  • “Expanded” FMLA: Provides up to 12 weeks of FMLA leave, with Days 1 through 10 unpaid, and Days 11 through Week 12 partially paid.

 

Note:  “Expanded” FMLA provides an additional qualifying reason with partial pay for FMLA leave, but does not provide an additional 12 weeks of FMLA entitlement leave.  Employees entitled to FMLA and “Expanded” FMLA leave may use up to a combined total 12 weeks of FMLA and “Expanded” FMLA leave.

On March 18, 2020, the President signed H.R. 6201, the Families First Coronavirus Response Act (the Act) into law to provide benefits to eligible employees impacted by the COVID-19 pandemic.  The Act allows employers to exclude certain critical employees from the leave benefits provided by FFCRA.  The County excluded employees in 11 County departments and provided those employees with Discretionary Leaves that are equivalent to the FFCRA leaves.

FFCRA Leaves:

  • Are protected leaves
  • Employees are eligible for EPSL upon employment with the County if they are unable to work or telework, and meet one of the leave’s qualifying reasons.
  • Employees are eligible for “Expanded” FMLA if they have been employed by the County for at least 30 calendar days, are unable to work or telework, and meet one of the leave’s qualifying reasons.

Discretionary Leaves:

  • Are County-provided discretionary leaves that may be approved or denied at the discretion of the department head based on
  • Employees are eligible for COVID Paid Leave upon employment with the County if they are unable to work or telework, and meet one of the leave’s qualifying reasons.
  • Employees are eligible for COVID Leave if they have been employed by the County for at least 30 calendar days, are unable to work or telework, and meet one of the leave’s qualifying reasons.

A.  Employees approved for EPSL or COVID Paid Leave will receive their regular rate of pay if unable to work or telework because the employee:

  • is subject to a federal, state, or local quarantine or isolation order related to COVID-19;
  • has been advised by a health care provider to self-quarantine due to concerns related to COVID-19; or
  • is experiencing symptoms of COVID-19 and seeking a medical diagnosis.

If EPSL or COVID Paid Leave is taken for these reasons, it is capped at $511 per day and $5,110 in total.

B.  Employees approved for EPSL or COVID Paid Leave will receive two-thirds of their regular rate of pay if unable to work or telework because the employee is:

  • caring for an individual who: (1) is subject to a federal, state, or local quarantine or isolation order related to COVID-19; or (2) who has been advised by a health care provider to self-quarantine due to concerns related to COVID-19;
  • caring for a son or daughter of such employee if the school or place of care of the son or daughter has been closed, or the child care provider of the son or daughter is unavailable, due to COVID-19 precautions; or
  • experiencing any other substantially similar condition specified by the Secretary of Health and Human Services, in consultation with the Treasury and Labor Departments.

If EPSL or COVID Paid Leave is taken for these reasons, it is capped at $200 per day and $2,000 in total.

Employees approved for “Expanded” FMLA or COVID Leave will receive no pay for the first 10 days of leave, and will be paid in an amount not less than two-thirds of their regular rate of pay for the number of hours the employee would otherwise be normally scheduled to work during the leave time for day 11 through Week 12 if:

  • the employee is unable to work or telework due to a need for leave to care for the son or daughter (under 18 years of age) if the child’s school or place of care has been closed; or
  • the child care provider of a son or daughter is unavailable, due to a “public health emergency,” which is defined as an emergency with respect to COVID-19 declared by a federal, state, or local authority.

This leave may only be taken if there is no other suitable person to provide care for the child.

An employee may supplement the unpaid leave days (1 through 10) with any accrued leave time (vacation, personal, medical/sick leave, etc.) or EPSL/COVID Paid Leave in order to receive pay.  Employees may not supplement partially paid leave days (11 through Week 12) with accrued leave time or ESPL/COVID Paid Leave in order to receive full pay.

Employees are to complete the “Request Form for Leave of Absence Related to COVID-19” located in leave Packet A, and submit the completed form to their department’s Human Resources Office.

Packet A can be found on the DHR website or can be obtained through the employee’s departmental Human Resources Office.

Employees are to complete the “Request Form for Leave of Absence Related to COVID-19” located in leave Packet B, and submit the completed form to their department’s Human Resources Office.

Packet B can be found on the DHR website or can be obtained through the employee’s departmental Human Resources Office.

An employee would be able to perform their assigned work duties either at their regularly assigned worksite or by telework but for the impact from COVID-19 as described in one of the qualifying leave reasons.

A “son or daughter” is the employee’s own child under the age of 18, which includes his or her biological, adopted, or foster child, stepchild, a legal ward, or a child for whom the employee is standing in loco parentis—someone with day-to-day responsibilities to care for or financially support a child.  A “son or daughter” is also a son or daughter who is 18 years of age or older who (1) has a mental or physical disability, and (2) is incapable of self-care because of that disability.

An employee may be approved for EPSL or COVID Paid Leave if the employee is unable to work or telework because 1) a health care provider directs or advises an employee to self-quarantine due to concerns related to COVID-19; or 2) the employee is experiencing symptoms of COVID-19 and is seeking a medical diagnosis.

After employees impacted by COVID have been approved to use one or more of the leaves, their departmental Human Resources Office or Leave Management Coordinators will provide employees with the timecard codes they are to use.

No.  All FFCRA and Discretionary Leaves may only be used during the period of April 1, 2020 through December 31, 2020.  Any unused hours are not carried over after December 31, 2020.

No. EPSL or COVID Paid Leave is in addition to other leaves provided under Federal, State, or local law, or an applicable collective bargaining agreement or County policy.