COVID 19 Paid Leave and Benefits

Employee Self Service

Use remote access to log in to Employee Self Service and review and/or change your benefits information.

REMOTE ACCESS

COVID-19 PAID LEAVE ELIGIBILITY AND BENEFIT ADMINISTRATION

This policy is effective until December 31, 2020 and will automatically terminate and no longer have effect unless explicitly extended by NHRMC.  This policy outlines certain benefits employees are entitled to under the Families First Coronavirus Response Act (FFCRA), including leave under the portions of the FFCRA related to Emergency Paid Sick Leave (EPSL) and Public Health Emergency Leave (PHEL) under revisions to the Family and Medical Leave Act (FMLA).

Health Care Provider Exemption

The FFCRA provides that employees who are health care providers may be exempted from EPSL and PHEL, and therefore not eligible for either type of leave.

 

Employees who meet the conditions set forth in this policy are entitled to EPSL and PHEL leave, unless explicitly exempted by NHRMC. A list of NHRMC employees by job title who are exempt and not eligible for PHEL or EPSL is available on this website.

If you are exempted and not eligible for PHEL or EPSL, some forms of paid sick leave or other accommodations may be available per internal NHRMC guidelines.  To find out what may be available if you become ill with COVID-19 symptoms or are otherwise in need of leave due to COVID-19, check the policy entitled Temporary Contagious Illness Policy #8432272 in Policy Stat or call the HR Benefits Hotline at 910.667.6000.

Emergency Paid Sick Leave

NHRMC will provide EPSL to all employees who are not classified as health care providers exempt from EPSL (regardless of time worked for NHRMC) who are unable to work or telework as set forth below:

QUALIFYING REASON

CALCULATION OF PAY

CAP ON PAY

If the employee is subject to a federal, state, or local quarantine or isolation order related to the Coronavirus

Employee’s regular hourly rate or weekly salary.

Maximum of $511 per day and $5,110 in total for up to 80 hours of leave.

If the employee has been advised by a heath care provider to self-quarantine due to concerns related to the Coronavirus

If the employee is experiencing symptoms of the Coronavirus and is seeking a medical diagnosis

If the employee is caring for an individual who is subject to a federal, state, or local quarantine or isolation order related to the Coronavirus, or who has been advised by a heath care provider to self-quarantine due to concerns related to the Coronavirus

2/3 of the Employee’s regular hourly rate or weekly salary, or 2/3 of the applicable minimum wage, whichever is higher.

Maximum of $200 per day and $2,000 in total for up to 80 hours of leave.

If the employee is caring for their son or daughter when the school or place of care of the son or daughter has been closed, or their child care provider is unavailable, due to Coronavirus precautions (when the physical location where the employee’s child received instruction or care is closed, the school or place of care is “closed” for purposes of paid sick leave and expanded family and medical leave even if the child is doing remote or distance learning)

If 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

The amount of EPSL employees are entitled to is based on their normal work schedule.  Employees who normally work 40 hours per week have 80 hours of EPSL available.  Employees who work less than 40 hours per week have the number of hours they usually work during the workweek times two as EPSL.  Part time employees who are absent for reasons that qualify for EPSL can only use the EPSL on the days they are usually scheduled to work. 

Eligible employees who are unable to work due to a bona fide need for leave to care for a child whose school or child care provider is closed or unavailable for reasons related to COVID-19 can combine leave under the EPSL and PHEL policy detailed below for a total of 12 weeks of paid leave, paid at 2/3 of the employee’s regular hourly rate or weekly salary, up to a total maximum of up to $200 per day and $12,000 in the aggregate (over a 12-week period—two weeks of EPSL followed by up to 10 weeks of PHEL).  Employees are permitted to use accrued unused PDO to supplement their pay if they are receiving less than full pay for EPSL. 

Public Health Emergency Leave

During the effective dates of this policy, all employees who have worked for NHRMC for at least 30 days prior to a request for PHEL are entitled to up to twelve (12) weeks of leave if the employee is unable to work or telework due to a need for leave to care for the son or daughter (under age 18) of such of employee if the school or place of care has been closed, or the child care provider of such son or daughter is unavailable, due to a public health emergency. The term public health emergency means an emergency with respect to COVID-19 declared by a federal, state or local authority.  When the physical location where an employee’s child received instruction or care is closed, the school or place of care is “closed” for purposes of PHEL (even if the child is doing remote or distance learning).

Eligible employees are entitled to up to 12 weeks total of leave under PHEL.  Pay for the first two weeks (80 hours for full time employees (those working 40 or more hours per week) or the number hours that the employee works, on average, during a two-week period for part time employees) of leave for a qualifying reason may be covered under the separate EPSL policy, or other PDO or vacation policy.  If no such leave is available, the first 2 weeks of PHEL is unpaid.  After the first 2 weeks, eligible employees are entitled to up to 10 weeks of paid PHEL, at 2/3 of the employee’s regular rate or 2/3 of the applicable minimum wage, whichever is higher, up to $200 per day and $10,000 in the aggregate. 

PHEL and EPSL run concurrently, so that an employee is only entitled to a total of 12 weeks of paid leave under both policies. Any PDO may be taken concurrently with PHEL, and if PDO is exhausted, you are still entitled to PHEL subject to the applicable caps.

PHEL is not a new grant of 12 weeks of FMLA, but instead is simply another reason for which FMLA can be used.  Therefore, if an employee has already used some or all FMLA for other reasons during the past 12 months, that FMLA reduces the amount of PHEL available.  PHEL counts against the employee’s 12-week allotment for regular FMLA, and the employee’s 26-week FMLA allotment for military caregiver FMLA.  Therefore, if an employee uses all 12 weeks of PHEL, that employee will not have any more job protected FMLA time off for his or her own or a family members’ serious health condition or qualifying exigency leave until he/she begins accruing FMLA again, which could be as much as 12 months after the first day of PHEL used for these child care purposes.

Documentation

Employees must provide documentation in support of the need for PHEL or EPSL.  Documentation must include:

  1. The employee’s name;
  2. The date(s) for which leave is requested;
  3. The COVID-19 qualifying reason for leave; and
  4. A statement representing that the employee is unable to work or telework because of the COVID-19 qualifying reason.

If an employee is requesting leave based on a quarantine order or self-quarantine advice, the statement from the employee should include the name of the governmental entity ordering quarantine or the name of the health care professional advising self-quarantine, and, if the person subject or advised to self-quarantine is not the employee, that person’s name and relation to the employee.

In the case of leave requested based on a school closing or childcare provider unavailability, the statement form the employee should include:

  1. the name and age of the child (or children) to be cared for,
  2. the name of the school that has closed or place of care that is unavailable, and
  3. a representation that no other person will be providing care for the child during the period for which the employee is receiving PHEL or EPSL leave.
  4. If an employee is unable to work or telework because of a need to provide care for a child older than 14 during daylight hours, they must provide a statement that special circumstances exist requiring them to provide care.

Reinstatement

Employees who return to work from EPSL or PHEL leave on or before the business day following the expiration of the leave will be reinstated to the same or equivalent position if possible without loss of benefits, pay, or seniority, unless (a) their employment with NHRMC would have been terminated if no leave had been taken; (b) they gave notice of their intent to terminate their employment; or (c) they cannot, with or without reasonable accommodations, safely perform the essential functions of the job to which they may be restored.

For additional information on this policy, please contact your HR Business Partner or the HR Benefits team at 667-6000.