DOL_Guidance_on_COVID-19_Related_Use_of_Paid_Sick_Leave_and_Expanded_FMLA_4_06_2020

Colchester Public Schools
                  and Town of Colchester
                              127 Norwich Avenue, Suite 202
                                  Colchester, CT 06415


Shannon Ramsby                                               Phone (860) 537-7264
Director of Human Resources                                  Fax (860) 537-1252
                                                             sramsby@colchesterct.org



RE: Department of Labor Guidance on COVID-19 Related Use of Paid Sick
Leave and Expanded FMLA


April 7, 2020


Good Morning All,

I have received a number of inquiries from staff concerning the potential use of time
away due to the current pandemic. Specific questions have related to child care issues,
intermittent leave, and the use of employer provided PTO to either replace or
supplement that which is provided by law. I do not expect anyone to have attorney level
understanding as these are frankly complicated issues that even have the attorneys
confused. That being said, I have reproduced below some of the recent DOL guidance
that speaks to scenarios likely to arise; I ask that you read it and consider it before
calling to discuss your situation with me.

Thank you and Be Well,


Shannon Ramsby
Director of Human Resources
Colchester Public Schools and Town of Colchester

______________________________________________________________________
EMPLOYEE SUBSTANTIATION ▪ Employees must provide the employer with
documentation in support of the reasons for paid sick leave which may include a copy of
the federal, state, or local quarantine or isolation order related to COVID-19 or written
documentation by a health care provider advising the employee to self-quarantine due to
concerns related to COVID-19.
 ▪ The employee must provide documentation in support of the expanded family and
medical leave taken which may include a notice of closure or unavailability from the
child’s school, place of care, or childcare provider, including a notice that may have been
posted on a government, school, or day care website, published in a newspaper, or
emailed to the employer from an employee or official of the school, place of care, or
childcare provider.
INABILITY TO WORK To qualify for FFCRA leave, the employee must experience an
inability to work. An inability to work means the employer has work for the employee and
one of the qualifying reasons prevents the employee from being able to perform that
work, either under normal circumstances at the employee’s normal worksite or by means
of telework.
▪ Different Work Hours. If the employer and employee agree that the normal number of
hours will be worked, but outside of the normally scheduled hours (for instance early in
the morning or late at night), then the employee is able to work, and leave is not
necessary.
 ▪ Reduced Work. If the employer reduces work hours because it does not have work for
the employee to perform, the employee may not use FFCRA leave for the hours that he
or she is no longer scheduled to work.
 ▪ Worksite Closure. If the employer closes while employees are on FFCRA leave, paid
leave ceases. This is true even when the employer intends to reopen soon.
▪ Furloughs. If the employer furloughs an employee because it does not have enough
work or business, the employee is not entitled to take FFCRA leave.

INTERMITTENT LEAVE In general, intermittent leave is only an option while teleworking
or for childcare related reasons.
▪ Intermittent leave while teleworking is allowed if the employer agrees and the employee
is unable to telework his or her normal scheduled hours due to one of the qualifying
reasons.
▪ For intermittent leave while not teleworking, paid sick leave is generally not allowed.
Qualifying reasons related to COVID-19 must be taken in full-day increments until either
(1) the full amount of paid sick leave is used or (2) the employee no longer has a
qualifying reason for taking paid sick leave.3 This limit is imposed because the intent of
FFCRA is to provide such paid sick leave as necessary to keep employees from
spreading the virus to others.
¬ However, if the employer and employee agree, the employee may take paid leave
intermittently for childcare-related reasons. For example, if the employee’s child is at
home because his or her school or place of care is closed, or childcare provider
is unavailable, because of COVID-19 related reasons, the employee may take paid sick
leave on Mondays, Wednesdays, and Fridays to care for the child.
The DOL encourages employers and employees to collaborate to achieve flexibility and
meet mutual needs.

SUPPLEMENTING SICK LEAVE Employees may only supplement FFCRA leave with
existing employer-provided leave if the employer and employee agree and only up to
normal earnings. For example, if the employee is receiving 2/3 of normal earnings under
the FFCRA and the employer permits, the employee may use preexisting employer-
provided paid leave to receive the additional 1/3 of normal earnings.




Shannon Ramsby
Director of Human Resources
Colchester Public Schools and Town of Colchester
127 Norwich Avenue, Suite 202
Colchester, CT 06415
860-537-7264
sramsby@colchesterct.org