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Emergency Family Medical Leave Expansion Act Overview

Employer Responsibilities

With the passing of the Emergency Family Medical Leave Extension Act (EFMLEA), employees will now be entitled to additional leave benefits under the Family Medical Leave Act of 1993 (FMLA), if they:

  1. Have been a UF employee for at least thirty (30) days
  2. Have not exhausted their annual FMLA entitlement*
  3. Cannot work or telework due to having to care for their child (under eighteen years of age) if the child’s school or place of care has been closed or the childcare provider* is unavailable due to the COVID-19 public health emergency.

* Time taken under the EFMLEA will be factored into an employee’s annual FMLA entitlement.
* A childcare provider is defined in H.R.6201 as “a provider who receives compensation for providing childcare services on a regular basis.”

All employees that meet the eligibility criteria are entitled to up to twelve (12) workweeks of protected leave, which can be used either on a continuous or intermittent basis.

Eligible employees can elect that the initial two-week period of protected leave be unpaid or paid with the use of personally accrued leave.

During the final ten (10) workweeks of the leave, eligible employees can receive up to 2/3 of their daily pay, up to a maximum of $200/day. This portion of the leave is employer paid.

Eligible employees may also choose to use their personally accrued leave to supplement their paycheck up to their standard gross biweekly pay.

UF Employee Benefit

Eligible UF employees may use leave without pay, their personally accrued leave, or Emergency Paid Sick Leave to account for the first two (2) weeks of protected leave.

Eligible UF employees may use the leave intermittently, if they are still able to work or telework on a part-time basis and have been approved to do so by their supervisor.

Requesting use of EFMLEA

An employee, or individual on behalf of the employee (HR Administrator/Supervisor),must request the use of EFMLEA through the submission of the request form in myUFL.

Employees can submit a request following these steps:

  • Navigate to the file path:
    Main Menu => My Self Service => Benefits =>E-FMLA Request
  • The form will be populated with the employee’s information.
  • Once all required fields have been completed select the ‘save’ button, which will submit the form to UF HR for review and generate a confirmation message.

Supervisors can submit a request on behalf of an employee:

  • Navigate to the file path listed below:
    Main Menu => Human Resources => Manager Self Service => E-FMLA Request
  • Enter the employee’s UFID and press ‘search’ or just press ‘search’ to pull up all employees identified in the system as direct reports.
  • The form will be populated with the employee’s information.
  • Once all required fields have been completed select the ‘save’ button, which will submit the form to UF HR for review and generate a confirmation message.

HR Department Administrators can submit a request on behalf of an employee:

  • Navigate to the file path:
    Main Menu => Human Resources => UF Department Administration => E-FMLA Request
  • Enter the employee’s UFID and press ‘search’ or just press ‘search’ to pull up all employees identified in the system as direct reports.
  • The form will be populated with the employee’s information.
  • Once all required fields have been completed select the ‘save’ button, which will submit the form to UF HR for review and generate a confirmation message.

Documentation to support the leave is not necessarily required upon submission. UFHR-Central Leave will audit use and may require validating documentation.

An employee will receive confirmation of their designation via an email from UFHR and can begin to log this leave in their Timesheet as appropriate. However, prior to use, an employee should consult with their supervisor or departmental HR administrator to plan for continuity of business operations and plan for any intermittent use.

Determining Entitlement

An eligible employee’s entitlement is determined by their:

  1. Confirmed 30 calendar days of employment
  2. FTE
  3. Previous use of FMLA in the 12-month period directly preceding the EFMLEA-qualifying leave of absence

As with other forms of FMLA, the entitlement is based upon the number of hours used, rather than the calendar period and can be used intermittently or on a continuous basis.

An employee and/or their area’s HR administrator can determine whether they have exhausted their annual FMLA by using the UF FMLA Calculation tool in MyUFL. View instructions for using the UF FMLA Calculation tool.

Please note: the calculator should be used only to confirm the previous use of entitlement hours because the eligibility requirements for EFMLEA are different than those for FMLA (e.g., 30 days of employment, rather than 12 months).

Regardless of how an eligible employee chooses to account for the first (2) workweeks of the EFMLEA entitlement, the full amount of time (80 hours for a full-time employee) must be exhausted before the employer-paid leave becomes available:

  • A 1.0 FTE employee who has not taken FMLA in the previous 12-month period will be eligible for 480 hours of protected leave under the EFMLEA. They would be eligible for 2/3 paid leave after exhausting 80 hours of their EFMLEA entitlement and would receive the payment for 10 workweeks.
  • A 1.0 FTE employee who has exhausted 80 hours of their FMLA in the previous 12-month period will be eligible for 400 hours of protected leave under the EFMLEA. They would be eligible for 2/3 paid leave after exhausting 80 hours of their EFMLEA entitlement and would receive the payment for 8 workweeks.
  • A 0.5 FTE employee who has not taken FMLA in the previous 12-month period will be eligible for 240 hours of protected leave under the EFMLEA. They would be eligible for 2/3 paid leave after exhausting 40 hours of the EFMLEA entitlement and would receive the payment for 10 workweeks.

Logging EFMLEA Time

All eligible employees will continue to account for their scheduled hours on a given day in their Timesheet and cannot use EFMLEA time to log more than 40 hours/week.

Any intermittent hours worked during the EFMLEA leave of absence should be recorded as usual.

Any EFMLEA-protected time from week three onward will be logged at the hour amount it represents (e.g., 4 hours for a half-day of leave, 8 hours for a full day) and  coded using one of three Time Reporting Codes (TRCs), which faculty and staff can log at their own discretion:

  1. ‘EFM – Emergency Family Leave’ pays out 2/3’s of their hourly rate, up to the $200 daily maximum*
  2. ‘EFS – Emergency Family Sick’ pays out at normal hourly rate with supplemental use of personally accrued sick leave.
  3. ‘EFV – Emergency Family Vac’ pays out at normal hourly rate with supplemental use of personally accrued vacation leave.

* Only the ‘EFM’ code will be available to eligible OPS employees, Student Assistants, Federal Work Study, Graduate Assistants, associate Post-doctoral Associates.

An online calculator is available for employees to assist in understanding their preference for payment using the available TRC’s while on EFMLEA.  The calculator is built to show one day of time entry.

If you choose to receive 2/3 only and not supplement with your accrued leave, use this calculator to see your daily paycheck amount.

2/3 Only Calculator

If you choose to supplement the 2/3 pay with accrued leave, use this calculator to see what your leave deductions would be daily.

Leave Deduction Calculator


FAQs

What is the Emergency Family and Medical Leave Expansion Act under the Families First Coronavirus Response Act?
The EFMLEA under the FFCRA provides up to 12 weeks of protected leave, the final ten weeks at two-thirds (2/3) pay up to $200/day for employees who cannot work or telework because they have a child (under the age of eighteen) whose school or childcare center is closed due to the COVID-19 pandemic.
Can the EFMLEA under the FFCRA be used intermittently on an hourly basis?
You may use EFMLA intermittently with the approval of your supervisor and area HR administrator.
What are the total number of weeks I am eligible for under FMLA and EFMLEA?
You are eligible for up to a total of 12 weeks in a rolling 12-month period; any previous use of FMLA will be deducted from your remaining hours entitlement under the EFMLEA. During the first two weeks, you can use leave without pay, personally accrued leave, or Emergency Paid Sick Leave.
For what reasons can the EFMLEA under the FFCRA be used?
This leave may be used in cases where the employee cannot work or telework due to their minor child’s school or childcare provider having closed due to the COVID-19 public health emergency.
I care for a disabled adult child, whose caregiver cannot provide care, do I qualify for leave under the EFMLA under the FFCRA?
This does not qualify for leave under EFMLEA but may qualify for protected leave under FMLA. You can submit a request in myUFL to initiate your request and confirm eligibility.
I hit the daily $200 max under the EFMLA under the FFCRA, how do I supplement the remainder of my pay?
Faculty and staff may use accrued leave to supplement the remainder of their pay.
I am an essential personnel employee. Am I eligible for the EFMLEA under the FFCRA so long as I meet the criteria?
Yes, you are eligible for EFMLEA leave.
If I am home with my child because his or her school or place of care is closed, or childcare provider is unavailable, do I get paid Emergency Paid Sick Leave, EFMLEA, or both—how do they interact?
You may be eligible for both types of leave, but only for a total of twelve weeks of protected leave. You may take both Emergency Paid Sick Leave and expanded family and medical leave if you are unable to work or telework due to having to care for your child whose school or place of care is closed, or whose childcare provider is unavailable, due to the COVID-19 public health emergency.

Please note that you can only receive the additional ten weeks of emergency family and medical leave under the EFMLEA to care for your child whose school or place of care is closed, or childcare provider is unavailable, due to the COVID-19 public health emergency.

Is all leave under the FMLA now paid leave?
No. The only type of family and medical leave that is paid leave is emergency family and medical leave under the Emergency Family and Medical Leave Expansion Act when such leave exceeds ten days. This includes only leave taken because the employee is unable to work or telework because they must care for a child whose school or place of care is closed, or childcare provider is unavailable, due to the COVID-19 public health emergency.
Are the emergency paid sick leave and emergency family and medical leave expansion requirements retroactive?
No. The qualifying event for the leave can occur no earlier than 3/24/2020.
What documents do I need to provide UF in order to request EFMLEA?
A webform can be found in myUFL. While no documentation is immediately required, UFHR reserves the right to request validating documentation to confirm eligibility at any point in time.
If I take leave under the EFMLA will my health insurance continue?
Yes. Premiums will continue to be collected from your paycheck. In the event you do not have enough payroll to cover these costs, please contact UFHR-Benefits at benefits@ufl.edu for guidance.