Family Medical Leave Act Basics and Enforcement

Slide Note

The Family Medical Leave Act (FMLA) entitles eligible employees to take up to 12 weeks of unpaid leave for specific reasons. Employers must maintain health benefits and restore the employee to their position upon return. The U.S. Department of Labor enforces FMLA regulations, prohibiting interference and discrimination. Employers must comply with record-keeping and notification requirements.

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Presentation Transcript

HR CONTACT OVERVIEW Families First Coronavirus Response Act PeopleSoft Forms

DISCLAIMER The information in this presentation is subject to change as we continue to receive interpretation and guidance from State HR as well as PEBA related to the Families First Coronavirus Response Act (FFCRA).

FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) OVERVIEW Assists employees who are impacted by COVID-19 and affords all employee groups, including temporary and students, two types of leave. Leave can be utilized from April 1, 2020 - December 31, 2020. Leave Types Emergency Paid Sick Leave Act (EPSL) Emergency Family and Medical Leave Expansion Act (EFMLA)

NEWLY CREATED LEAVE EFORMSIN HCM COVID- 19 Emerg Paid Sick Leave COVID-19 EFMLA If an employee is requesting both types of leave, both eForms must be completed.

REQUESTING EPSL Via PeopleSoft HCM eForm, Initiated by the Employee

EPSL OVERVIEW Provides up to 80 hours/10 workdays of paid sick leave for employees May be used intermittently Eligibility hours for part-time employees depends on aggregate hours as determined by Controller s Office. Six qualifying reasons related to COVID-19 (criteria shown on upcoming slides) Qualifying reasons 1-3 cover normal rate of pay up to $511 per day Qualifying reasons 4-6 cover 2/3 normal rate of pay up to $200 per day Can use accrued sick, annual, or compensatory time to supplement remaining 1/3 Employees are eligible from day one of employment, no minimum employment period requirement. All employee groups are eligible, including those who do not earn leave: Student Temporary RGP Time-limited

EPSL OVERVIEW Employees/Positions Not Eligible: External Dual employees (eligibility determined by home agency) Internal Dual appointments for FTE s (their FTE is eligible) Affiliates Employees who work on an as-needed basis and are not scheduled to work do not qualify

GETTING STARTED Log into HR/Payroll System by clicking here.

EMPLOYEE SELF SERVICE Click on the appropriate tile: COVID- 19 Emerg Paid Sick Leave Up to 80 hours/10 workdays of paid leave Both eForms are required if the employee is requesting both types of leave.

EPSL Instructions Employee Information Select the EMPL Record # for the job for which you are requesting this leave. For Temporary employees (including students), the applicable EMPL record should have been included in the letter from their department communicating reduced or zero hours. Verify that the Department and supervisor that appear are the correct values for this job. Select if this is the Initial Form or Change of Status.

EPSL Criteria for Eligibility Carefully review the reasons for Eligibility #1 through #6 (shown on next slide for clarity) and the associated information regarding how the pay will be treated with each one and select from the drop down. Note: Temporary employees (including students) who have received the letter from their department that no remote work was available notification of hours being reduced, may select Eligibility #1 and attach the letter to the request.

EPSL CRITERIA

EPSL File Attachments Upload required/supporting documentation, examples include: Copy of the Federal, State or local quarantine or isolation order related to COVID-19 applicable to the employee Written documentation by a health care provider advising the employee to self-quarantine due to concerns related to COVID-19. Picture of the school s website closing notification Telehealth email sent from the doctor. May upload multiple documents by clicking on Add Click the green Submit button. Employee and supervisor will receive an auto-generated notification of approval or denial. Notification will include the total number of hours the employee is eligible to be paid for the emergency sick leave.

EMAIL NOTIFICATION From: PeopleSoft@peoplesoft.com <PeopleSoft@peoplesoft.com> Sent: Monday, April 6, 2020 11:00 AM To: THOMPSON, CONNIE <CONNIET@mailbox.sc.edu> Subject: Coronavirus Emergency Leave eForm - Approved for C54250671 A Coronavirus Emergency Leave eForm 156066 was approved on 2020-04-06-10.59.48.000000. Employee will receive an auto-generated notification email of approval or denial. However, this is not the final step to ensure payment is processed for this approved leave. This approved leave must be entered into ITAMS and must not exceed the total eligible hours of 40. Managerial approval of the time entered in the timesheet is also required before the data will be processed into the HR/Payroll system and the payment will be issued. Please ensure that this process is completed in a timely manner so that payment for this approved leave is not delayed. Empl ID: C54250671 Name: Travis Wendel Total Eligible Hours: 40 eForm Comments: To view this form, click the link: https://hcm- dev.ps.sc.edu/psp/HDEV/EMPLOYEE/HRMS/c/G3FRAME.G3SEARCH_FL.GBL?Page=G3SEARCH_FL&Action=U&G3FORM _FAMILY=EMPLOYEE&G3FORM_ID=156066&G3FORM_TASK=VWS

REQUESTING EFMLA LEAVE Via PeopleSoft HCM eForm, Initiated by the Employee

EFMLA OVERVIEW Expands the Federal Family and Medical Leave Act. EFMLA and FMLA combine for the 12-week annual eligibility. If an employee has already exhausted their 12 weeks this year, they are not eligible for EFMLA. Provides leave for employees who are unable to work, including work-from-home, as a result of having to care for a minor child due to a COVID-19 related closure of a school or child care center. EFMLA leave pays 2/3 salary up to $200 per day ($10,000 aggregate) after the 10th workday. First two weeks (10 days) are unpaid. EPSL may be used to offset the first two weeks of unpaid leave Can use accrued sick, annual, or compensatory time to supplement remaining 1/3 Must have been employed for 30 days from the effective date of the request. Does not have to be in current position (i.e. time worked as a temp counts if the employee just became an FTE on 4/5/2020).

EMPLOYEE SELF SERVICE Click the COVID-19 EFMLA tile: Up to 12 weeks of leave (this counts towards the regular FMLA 12-week annual allotment) First 10 days are unpaid, but can be used in conjunction with 10 days of EPSL. Both eForms are required if the employee is requesting both types of leave.

EFMLA Carefully read the instructions at the start of the eForm. Enter the requested start date for the leave.

EFMLA Answer Yes or No to whether you wish to request EFMLA. If you select Yes, then you must indicate whether you wish to request the use of other accrued leave to supplement your pay.

EFMLA Upload documentation (required if you select Yes to using EFMLA in the previous step): Picture of the school s website closing notification Email from school or child care center notifying of closing May upload multiple documents by clicking on Add Click the green Submit button. Employee and supervisor will receive an auto-generated email notification of approval or denial.

IMPORTANT NOTE: Receipt of Approval is not the end of the process! The leave MUST be entered into ITAMs using the applicable timecodes (shown on upcoming slides) and approved by supervisor as usual.

EMAIL NOTIFICATION Dear Employee, eForm XXXX was approved on XXX. This is to officially notify you that the University has approved your absence from work beginning on or about %5 as eligible for Emergency Family and Medical Leave (EFMLA). Leave declared eligible for EFMLA entitlement shall run concurrent with any paid and/or unpaid leave used for this occurrence as of the beginning date. This entitlement will continue for up to twelve weeks (combined with FMLA) It is the University s understanding that your continuous/intermittent absence from work will begin on XXX and end on or about 12/31/2020, for the following reason: to care for the employee s child (under 18 years of age) if the child s school or place of care is closed or the child care provider is unavailable due to a public health emergency. Disclaimer: EFMLA may no longer be available when the quarantine is lifted and schools are reopened and daycare isn t needed. Employee will receive an auto- generated email of approval or denial.

LEAVE ENTRY Employee Enter the leave by week into ITAMS Supervisors Approve the time Assist in monitoring amount of leave eligible ITAMS will not stop at 80 hours If employees in FTE, RGP, TL position run out of leave LWOP status

MANUAL SUBMISSION AND APPROVAL PROCESS FOR EPSL All Campuses

MANUAL EPSL PROCESS As some employees may not have access to computers to request the leave, College/Division HR Contacts may elect to send in a spreadsheet of those who are eligible for EPSL available to be utilized from April 1, 2020 through December 31, 2020. Make employee aware of the following: Submission is going to be made on their behalf. Approval process will be longer.

MANUAL EPSL PROCESS College/Division HR Contacts Spreadsheet Required information:

MANUAL EPSL PROCESS College/Division HR Contacts sends the completed spreadsheet to the Benefits Office at Benefits@mailbox.sc.edu Benefits Office: Will utilize the spreadsheet provided by Controller s Office to determine the number of EPSL hours the employees are eligible for. Add new column EPSL Elig Hours to the spreadsheet and complete for all employees indicated. Leave Administrator sends the completed spreadsheet back to the College/Division HR Contact. College/Division HR Contacts will then enter the EPSL time into ITAMS for all employees as noted on the spreadsheet. They should also make the supervisor aware if they are required to approve time