Dear Colleagues,
UUP has been waiting for updates from the Department of Labor on this new legislation, and its applicability to SUNY. A new Q&A has been posted, which can be found here. https://uupinfo.org/resources/covid19/pdf/UUP_COVID19_QA.pdf
It is possible to provide flexibility within an employee’s telework agreement to allow for childcare needs. If you have concerns regarding telework, flexibility or leave benefits, please reach out to the office of Benefits and Work/Life at 716-645-7777 or via email to ub-hr-benefits@buffalo.edu .
Of particular importance is new information regarding the interplay between working from home, and taking care of your children who are home from school.
My child’s school or childcare is closed, what rights to leave to I have?
Federal Emergency Paid Sick Leave Act – Beginning April 1, eligible employees have access to leave without charge to accruals, for the first two weeks of such absence, to care for children whose school or childcare are closed under the new Federal Emergency Paid Sick Leave Act (FEPSLA). Employees who are unable to work or telework because:
• they are caring for a minor child whose school or place of care of the minor child has been closed, or because the childcare provider of such minor child is unavailable, due to COVID–19 precautions, are entitled, for the first two weeks of such absence, to leave at a rate of two-thirds of the employee’s regular rate of compensation, subject to a cap of $200 per day, not to exceed a total of $2,000. In lieu of partially paid FEPSLA benefits, employees may elect to use any available leave accruals (e.g. sick leave, vacation time, holiday leave, compensatory time) to cover a FEPSLA-covered absence. Charge to accruals may not be used to supplement pay while using FEPSLA benefits.
Emergency FMLA- Also beginning April 1, the federal Family and Medical Leave Act (FMLA) has been expanded to provide emergency FMLA benefits to families impacted by COVID 19. The expansion establishes a new category of FMLA covered leave which extends FMLA coverage to eligible employees caring for minor children because their school or childcare has closed.
Under emergency FMLA, eligible employees are entitled to up to 12 work weeks of FMLA leave between April 1, 2020 and December 31, 2020 for absence to care for minor children due to COVID 19 related school or childcare closures.
To be eligible for this leave employees are only required to have worked for New York State for a period of 30 calendar days. The normal FMLA eligibility requirements of one cumulative year of State service and 1,250 hours prior to the qualifying event does not apply to absences for COVID-19 related leave.
The first 10 days of emergency FMLA leave may be unpaid. However, employees may choose to use any available paid leave during this period (e.g. FEPSLA leave, sick leave, vacation time, holiday leave, compensatory time).
For the remaining 10 weeks of emergency FMLA leave, employees are entitled to leave paid at a rate of two-thirds of the employee’s regular rate of compensation, capped at $200 per day and at $10,000 for the 10-week period.
In lieu of partially paid emergency FMLA benefits, employees may charge appropriate available leave accruals (e.g. vacation time, holiday leave, compensatory time) to cover an emergency FMLA-covered absence. Charge to accruals may not be used to supplement pay while using FEPSLA benefits.
Employees using emergency FMLA are entitled to continuation of existing health benefits coverage during emergency FMLA leave and must be restored to the same or substantially equivalent position at the conclusion of the leave.
More information about FEPSLA and emergency FMLA leave for State employees can be found at: https://www.cs.ny.gov/attendance_leave/pb20-01.pdf
Additional general information about FEPSLA and emergency FMLA leave may be found at :https://www.dol.gov/agencies/whd/pandemic/ffcra-questions
Note: the FEPSLA allows employers to exclude “health care providers” from FEPSLA coverage. This exemption potentially includes anyone employed at the SUNY hospitals and academic medical centers and the Long Island Veterans Home. As of April 7, 2020, SUNY has not yet announced its position on this. We are advocating that SUNY not exclude our health care members from FEPSLA coverage. We will provide updated information as soon as we have it.
In Solidarity,
Ken Kern
Chapter President
UUP Buffalo Center
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