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eFMLA and Child Care Options

Effective 1/1/2021, the Paid Sick Leave and eFMLA Hours are no longer available to employees.  Employees whose child's school or daycare is closed and unable to perform their job duties remotely may use their accrued Vacation, Personal, or Comp time.



The Families First Coronavirus Response Act (FFCRA or Act) requires Madison County to provide their employees with expanded family and medical leave (EFMLA) for employees needing to care for his or her child whose school or place of care is closed.  The following options are established for County Board Departments to maintain compliance with this act, and encouraged for Elected Official Departments as well.  However, Elected Official Departments have the final decision to enact all or part of the following options. 

These options are not intended to provide employees with additional benefits.  These are being set to provide our departments with standard guidance in an effort to lessen the impact on our employees during these challenging times and ultimately continue to offer the same level of service the taxpayers expect.

Departments will need to analyze their needs and determine which positions can successfully Telework.  

All Managers and those Employees who will Telework will be required to complete a set of Training's, via LocalGovU web site.  In addition, a signed Telework agreement will also be required for those who Telework.  Additional information regarding the Telework Trainings and Agreement will be provided in the coming days.

In order to comply with the documentation requirements set under the FFCRA, we are required to have the following documentation:

  • Employee Child Care Work Schedule
    • If an employee’s schedule is affected by any of these types of child care challenges, this form must be completed.  The purpose of this form is for the department and employee to have an understanding and expectation of the employee's schedule.  This form should be held within your department and reviewed on a periodic basis, depending on future schooling decisions.
  • Emergency Family & Medical Leave Request
    • If the employee requires the use of eFMLA hours, this form must be completed.  These forms should be forwarded to Craig Edwards so he can setup this leave accrual within Paycom for the employees’ use.

Schools throughout Madison County have different protocols for this school year, which are subject to change throughout the year.  Here are 3 specific types of child care challenges employees may encounter: 

  1. School is “closed” for remote learning (these days are eligible for eFMLA if needed)
  2. School is open for in-person learning
  3. School is open for in-person learning, but parents have chosen to keep their child home for remote learning
When schools use the Hybrid A-B-A-B option, the 2 days your child are eligible to attend are open and the other 3 days are "closed".

Below are work and leave options for these scenarios:
 

1. If school is “closed” and employee’s child has remote learning:

  • When Telework is allowed:
    • All Telework policies must be followed.
      • Remaining hours are eligible for eFMLA under FFCRA.
  • Telework should not be used as PTO.  Employees are expected to continue their job duties while at home.
  • When Telework is not allowed:
    • Employee would utilize eFMLA under FFCRA.
    • If possible, departments can work with their employees and use a modified schedule.  This would be done on a case-by-case basis, as this will not be feasible with many County positions.
 

2. If employee’s child has in-person learning:

  • If shortened school hours result in a child care issue, possible for transportation to and from school, departments will need to work with their employees on a case-by-case basis.  Options may include:
    • Work together to create a modified schedule to allow the employee to work his/her full 8 hours.
    • Telework a few hours each day.
    • Use accrued paid leave.
    • Using eFMLA is not an option on days when school is open to your child.
 

3. If employee chooses to keep their child home, instead of in-person learning:

  • This reason for leave does not fall under the FFCRA options because the school is not closed.
    • If a healthcare provider recommends your child stay home due to COVID-19 reasons, this would qualify you for 80 hours under the Paid Sick Leave, see Scenario C.
  • If the school is using a hybrid option (ex. Last Names A-L go Mon/Wed, and M-Z go Tue/Thu), the school is considered “Closed” for the days the child would not attend.
    • Options for these days who fall under type 1 above
    • If the employee is unable to work, they would have to use accrued leave or apply for a leave of absence subject to normal department approval process.

If employee is unable to work on-site or work remotely to care for a child (under 18 years of age) whose school or child care provider is closed or unavailable for reasons related to COVID-19, here are their options for leave:

12 Weeks of Leave under FFCRA  Option 1 Option 2
First 2 Weeks (80 hours if intermittent)
Use Emergency Paid Sick Leave (ePSL) paid at 2/3 regular rate of pay

 Substitute accrued Sick, Vacation, or Comp Leave
Next 10 Weeks (400 hours if intermittent) Use Emergency Family Medical Leave (eFMLA) paid at 2/3 regular rate of pay Use accrued Vacation or Comp Leave.  Employee can use eFMLA after exhausting accrued leave time.

The information above is subject to change at any time based on further guidance from DOL.