Human Resources FAQs
Who is eligible for leave under the Emergency Family and Medical Leave Expansion Act, and what are reasons to use this leave?
All employees who have been employed by Athens State University for at least 30 days may be eligible for Expanded Family and Medical Leave. Eligible employees may take this leave if he or she is unable to work due to a need for leave to care for the employee’s child if the child’s school or childcare provider has been closed, or the childcare provider is unavailable, due to COVID-19 (reason #5 of qualifying reasons for EPSL).
Defined as it relates to this policy, “Child” means a biological, adopted, or foster child; a stepchild; a legal ward; or a child of a person standing in loco parentis; who is:
- under 18 years of age; or
- 18 years of age or older and incapable of self-care because of a mental or physical disability.
“Childcare provider” means a provider who receives compensation for providing childcare services on a regular basis, including:
- A center-based childcare provider
- A group home childcare provider
- A family childcare provider (one individual who provides childcare services for fewer than 24 hours per day, as the sole caregiver, and in a private residence)
- Other licensed providers of childcare services for compensation
- A childcare provider that is 18 years of age or older who provides childcare services to children who are either the grandchild, great-grandchild, sibling (if such provider lives in a separate residence), niece, or nephew of such provider, at the direction of the parent.
(“School” means an elementary or secondary school.)
My child’s school or place of care has moved to online instruction or to another model in which children are expected or required to complete assignments at home. Is it “closed?”
Yes. If the physical location where your child received instruction or care is now closed, the school or place of care is “closed” for purposes of paid sick leave and expanded family and medical leave. This is true even if some or all instruction is being provided online or whether, through another format such as “distance learning,” your child is still expected or required to complete assignments.
How long can I use leave under the Emergency Family and Medical Leave Expansion Act?
Eligible full-time and part-time employees are entitled to 12 weeks of job-protected leave under FMLA.
What does it mean to be unable to work, including telework, for COVID-19 related reasons?
You are unable to work if there is work available for you and one of the COVID-19 qualifying reasons prevents you from being able to perform that work, either under normal circumstances at your normal worksite or by means of telework.
Do I qualify for leave for a COVID-19 related reason even if I have already used some or all of my leave under the Family and Medical Leave Act (FMLA)?
You may be eligible for both types of leave but only for a total of 12 weeks of paid leave. You may take both paid sick leave and expanded family and medical leave to care for your child whose school or place of care is closed, or child care provider is unavailable, due to COVID-19 related reasons.
For more information on resources from Human Resources, visit the COVID-19 Resources for Employees site.