An eligible employee may take up to 12 workweeks of Expanded Family and Medical Leave (EFML) because he or she is unable to work due to a need to care for his or her son or daughter whose school or place of care has been closed, or whose child care provider is unavailable, for reasons related to COVID-19. EFML is available during the period of April 1, 2020 through December 31, 2020.
1. The first 2 weeks of EFML is unpaid, but the employee may use available EPSL (qualifying reason #5, paid at 2/3 regular rate of pay, subject to a maximum of $200.00 per day) during this initial 2 weeks. The employer may also permit an employee to supplement the amount received from EPSL with accrued available paid leave (personal leave or agency compensatory time) up to the employee’s normal earnings.
2. The employee may choose to substitute accrued available paid leave (personal leave or accrued agency compensatory time) during this initial 2 week period and receive his or her regular rate of pay.
3. For the following 10 weeks of EFML, the employee is to be paid 2/3 of his or her regular rate of pay up to a maximum of $200.00 per day. Employers and eligible employees may agree to have the employee’s accrued available paid leave (personal leave or accrued agency compensatory time) supplement the pay under the EFML so that the employee receives the full amount of his or her regular pay.
4. After the initial 2 weeks of EFML, an employer may require the employee to use accrued available paid leave (personal leave or accrued agency compensatory time) for time taken pursuant to the Expanded Family and Medical Leave Act. In that circumstance, the employee receives the full amount of his or her regular salary. After all personal leave or accrued agency compensatory time is exhausted, the employee is entitled to 2/3 regular rate of pay, subject to a maximum of $200.00 per day for subsequent periods of EFML that is still available.
5. Employees employed by an employer for at least 30 calendar days are eligible for EFML. An employer may permit an employee who is working at his or her usual worksite or teleworking to intermittently use EFML.
6. EFML is available only if the need to care for the child causes the employee to be unable to work, either in the normal workplace or by telework.