Today the Families First Coronavirus Act goes into effect. As of yesterday, POPA was told that OPM and NFC have not provided guidance in how the leave available under the Act is going to be implemented.
To the extent we understand the Act, we are providing the information so that employees have some awareness of what is in the Act. Implementation instructions still need to come out from the agency but the basics: the amount of leave and the reasons that the leave can be used, should not change. Hopefully, USPTO will be able to provide guidance soon.
Since leave must be requested in advance, you should request this leave as soon as you know that you need it. POPA suggests you make the request in writing, i.e., email.
The Act is effective April 1, 2020 through December 31, 2020.
The Act provides a seperate category of sick leave. This in addition to the sick leave you currently earn.
- This leave does not rollover to the next leave year and it is not paid out if you leave the agency/federal government.
- You are not required to use your accrued leave including sick, annual, compensatory time or credit hours (non-IFP) before taking this leave.
- Federal employees are entitled to take leave related to COVID-19 if the employee is unable to work, including telework, and meets the conditions for the leave as discussed below.
- It does not appear that the leave must be taken all at once.
The leave provided by the Act is up to 80 hours (pro-rated for part time employees based on schedule)
- 100% of regular pay rate up to $511 daily (8 hours) and $5,110 (80 hours) for quarantine or isolation order to COVID-19; self-quarantine as advised by health care provider or experiencing COVID-19 symptoms and seeking medical diagnosis
- 2/3 of regular pay rate up to $200 daily (8 hours) and $2,000 total (80 hours) for caring for a person under quarantine as discussed in a. or experiencing any substantially similar to COVID-19 condition specified by HHS
- 2/3 of the higher of regular pay rate or state/Federal minimum wage for caring for a child whose school or place of care is closed due to COVID-19 related reasons
Note: Employees at USPTO are covered under Title II of Family Medical Leave Act (FMLA). Since we are not federal employees covered by Title I under FMLA, the additional 10 weeks of partially paid expanded FMLA for providing childcare due to school closure does not appearr to cover USPTO employees.
Thanks,
Kathy Duda
POPA President