State of Indiana Families First Coronavirus Response Act Policy: Effective 4/1/2020 – 12/31/2020

The Families First Coronavirus Response Act (FFCRA) was enacted into federal law on March 18, 2020 and is effective April 1, 2020 until December 31, 2020.

The FFCRA provides eligible employees Emergency Paid Sick Leave (EPSL) and Emergency Family Medical Leave (EFML) for documented qualifying circumstances.

In response to this new law, the Indiana State Personnel Department (INSPD) has developed the State of Indiana Families First Coronavirus Response Act Policy. INSPD has also developed a corresponding FAQ document, EPSL and EFML request forms, and an updated timesheet guidance document. The U.S. Department of Labor has provided a poster to be posted at all worksites. It is available here.

Employees who work in health care provider or emergency responder positions, as defined by the U.S. Department of Labor or identified by their agency, are only eligible for EPSL in limited circumstances described below and are not eligible for EFML. Employees in these two categories of work are providing key and critical services and are necessary to maintain public safety. We are incredibly grateful for their service. The State of Indiana is actively pursuing meaningful, responsible, and relevant ways to further support these individuals.

To assist with understanding the State of Indiana’s FFCRA Policy, a portion of the corresponding FAQ is included below:

If employees are able to work remotely, should they continue doing so?Yes. Employees who are able to complete all or a portion of their job responsibilities remotely should continue to work remotely. Some employees are still required to report to their normal worksite due to the essential functions they perform for their agency.

EMERGENCY PAID SICK LEAVE:

• Who is eligible to receive EPSL?
  Employees who meet one of the criteria below are eligible for EPSL. There is no waiting period for eligible employees to request the use of EPSL. EPSL is available to part-time, hourly, intermittent, and temporary employees who do not work in a health care provider or emergency responder position, however, the entitlement is based on the number of hours they typically work over a two week period.
  
  Employees who work in health care provider or emergency responder positions, as defined by the U.S. Department of Labor or identified by their agency, are only eligible for EPSL if they meet the criteria under sections b) and c) or if they are under a personal legal quarantine order under a).
• What is EPSL?
  EPSL is 80 hours of paid leave for eligible full-time employees due to a need for leave because the employee is unable to work remotely or at an assigned worksite because:

a) The employee is subject to a Federal, State, or local quarantine or isolation order related to COVID-19.

b) The employee has been advised by a health care provider to self-quarantine due to concerns related to COVID–19.

c) The employee is experiencing symptoms of COVID–19 and seeking a medical diagnosis.

d) The employee is caring for an individual who is subject to an order as described in subparagraph (a) or has been advised as described in paragraph (b).

e) The employee is caring for their child if the elementary or secondary school or place of care of the child has been closed or is unavailable, due to COVID–19 precautions.

f) The employee is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services in consultation with the Secretary of the Treasury and the Secretary of Labor.

• Is EPSL paid or unpaid?
  EPSL is paid at 100% for eligible employees who meet criteria under sections a), b), or c). EPSL is paid at 2/3rds of your regular pay if you meet criteria under sections d), e), or f). Use of EPSL can be augmented with available accrued leave to achieve 100% pay.

EMERGENCY FAMILY MEDICAL LEAVE:

• Who is eligible to receive EFML?
  

  Employees who have been employed with the State of Indiana for at least the last 30 consecutive calendar days, and have a qualifying need, as described below. EFML is available to part-time, hourly, intermittent, and temporary employees who do not work in a health care provider or emergency responder position, however, the entitlement is based on the number of hours they typically work over a two week period.

  Employees who work in health care provider or emergency responder positions, as defined by the U.S. Department of Labor or identified by their agency, are not eligible for EFML.

• What is EFML?
  EFML provides up to 12 weeks of leave to those eligible employees who have a qualifying need related to a public health emergency. This leave benefit ends on 12/31/20, even if you have an EFML balance. A qualifying need means an employee is unable to work remotely or at an assigned worksite due to a need for leave to care for the employee’s child, who is under the age of 18, if the elementary school or secondary school or place of care of the child has been closed or is unavailable, due to a public health emergency (i.e., a COVID-19 emergency declared by a Federal, State, or local authority).
• Is EFML paid or unpaid?
  The first 75 hours of EFML is unpaid, however, an employee may elect to substitute accrued leave to receive 100% of pay or EPSL to receive up to 2/3rds pay. After the first 75 hours, EFML is paid at 2/3rds of an employee’s regular rate of pay; however, in no event shall such paid leave exceed $200 per day and $10,000 in the aggregate. Employees may augment this paid leave by using available accrued leave to achieve 100% pay.

Can I take EFML or EPSL for any missed work time prior to April 1?

No, EFML and EPSL are not retroactive. However, you may have been eligible for the Public Health Emergency paid leave during the pay period of March 22 through April 4; please consult with your manager and HR staff.

During this unprecedented time, the State of Indiana is rapidly responding to new legislation and statewide needs. This rapid response inevitably causes rapid change.

INSPD recognizes it is difficult for employees to adjust to and stay informed of these changes. In partnership with agency leaders and payroll teams, we will continue to support employees through these changes as best as we can.

Thank you for your continued service and commitment during such a challenging time. Your service is more important than ever.

Please take time to review the resources linked in this message. For questions related to this policy, you can contact your manager, payroll team, or HR team for further help.

This message applies to all executive branch agencies under the authority of the Governor. If you have questions about whether or not this message pertains to you, contact your local HR representative.