Coronavirus Information

 

Coronavirus Related Leaves of Absence

(Rev. 7/27/2020)

The CSU and the federal government are providing expanded leave programs out of consideration for the impacts of coronavirus on employees. As of July 10, 2020, there are four distinct leave provisions. The discussion of leaves below is intended for Cal Poly faculty, librarians, counselors, and coaches (all persons in Bargaining Unit 3) and ISAs, GAs, and TAs (all persons in Bargaining Unit 11). Cal Poly Human Resources should be consulted for leave questions regarding all other Cal Poly employees.

The four COVID-19 leave programs discussed here are:

  1. Temporary Paid Leave (TLP) for persons who (1) are 65+ years old or have a chronic medical condition as defined by the CDC and (2) are unable to work remotely, per direction of CSU Chancellor White. This program is available until further notice.
  2. Coronavirus Paid Administrative Leave (CPAL), a CSU program available through December 31, 2020, at which time remaining hours will expire.
  3. Families First Coronavirus Response Act (FFCRA), federal legislation that created the Emergency Paid Sick Leave Act (EPSLA) and the Emergency Family and Medical Leave Expansion Act (EFMLEA). FFCRA leave is available through December 31, 2020, at which time remaining hours will expire. [See FFCRA “Your Rights” Poster]
  4. Voluntary Reduction in Time Base for Full Time Faculty, per the CFA-CSU MOU dated June 5, 2020. The University, at the sole discretion of the appropriate administrator, may grant a request from a Tenure-line faculty member, a Lecturer with a full-time three-year appointment, a full-time Counselor, or a full-time Librarian for a temporary reduction in time base for the 2020-2021 academic year.

The information provided below is intended as a guide and summary. These leave programs have specific eligibility provisions and their intersections are complex. Please reach out to your appropriate administrator and coordinate with Academic Personnel as you sort out your leave options.

 

Which Type of Leave Applies?

  1. Are you (1) 65 years or older OR do you have a chronic medical condition as defined by the CDC which renders you to be at increased risk of COVID-19 AND (2) unable to work remotely*?

On March 17, 2020, Chancellor White issued an order providing for Temporary Paid Leave (“TLP”) until further notice; this followed the March 15, 2020, directive from the CSU for persons 65 year or older or with a chronic medical condition to socially distance and stay away from campus. On July 6, 2020, the CSU revised its guidance: persons in these categories are now permitted to return to campus in accordance with campus repopulation plans provided that they are fully informed of current CDC guidance, available here and here. Employees who are required to return to work on campus but wish to seek an accommodation for medical or age-related reasons, now must do so under the Americans with Disabilities Act. Following completion of the campus’s ADA Interactive Process, depending on the reasonable accommodations granted, a determination can be made as to the employee’s eligibility for Temporary Paid Leave.

 

  1. Do you have COVID-19 or symptoms of COVID-19 (seeking or sought a diagnosis)?

CPAL: Up to 256 hours, depending on time base, at regular rate of pay. (Exempt employees must take leave in full-day increments; leave is available beginning March 23

AND/OR

FFCRA-EPSL: Depending on time base, up to two weeks (80 hours) of paid sick leave at regular rate of pay. (Available beginning April 1.)

 

  1. Are you caring for a family member or another individual who is subject to a quarantine or advised to self-quarantine related to COVID-19 and as a result of caring for that person are you unable to work or telework?

CPAL: Up to 256 hours, depending on time base, at regular rate of pay. (Exempt employees must take leave in full-day increments; leave is available beginning March 23.)

AND/OR

FFCRA-EPSL: Depending on time base, up to two weeks (80 hours) of paid sick leave at regular rate of pay. (FFCRA is available only after April 1.)

  • FFCRA excludes first responders and health care workers from eligibility for leave for the reason of caring for a family member with COVID-19 or due to childcare needs; per the Chancellor’s Office, at CSU, health care workers include everyone assigned to work at campus student health centers and/or counseling and psychological services.

 

  1. Are you required to be at home with a child(ren) or dependent(s) due to a school or childcare closure due to COVID-19 and you are unable to work remotely in conjunction with the childcare commitment, notwithstanding a highly flexible telework schedule?

Voluntary Reduction in Time Base: Full-time faculty may reduce a maximum of 8 WTUs each quarter and full-time counselors and librarians may request work hours reduced by up to 16 hours per week; salaries and CalPERS service credit accrual are adjusted accordingly. (A request for time base reduction must be for the entire term and may not be rescinded.) For more information, see CFA-CSU MOU dated June 6, 2020.

OR

FFCRA-EFML: Up to 12 weeks (480 hours) (the first 2 weeks (80 hours) are unpaid but employee may use EPSL/accrued sick leave/PTO; the subsequent 10 weeks are paid at regular rate of pay). (FFCRA is available only after April 1.)

  • The requirement for FFCRA-EFML is that as a result of caring for a child(ren) due to a school or childcare closure, due to COVID, you are unable to work or telework in spite of highly flexible arrangements.
  • FFCRA-EFML provides for pay at a reduced, 2/3 rate; however, Chancellor White authorized pay at the regular rate of pay as defined by FLSA.
  • FFCRA excludes first responders and health care workers from eligibility for leave for the reason of caring for a family member with COVID-19 or due to childcare needs; per the Chancellor’s Office, at CSU, health care workers include everyone assigned to work at campus student health centers and/or counseling and psychological services.

OR

CPAL: Up to 256 hours, depending on time base, at regular rate of pay. (Exempt employees must take leave in full-day increments; leave is available beginning March 23.)

  1. Do you need partial leave for any reason not described above or having been found ineligible for leaves with specific criteria?

Voluntary Reduction in Time Base: Full-time faculty may reduce a maximum of 8 WTUs each quarter and full-time counselors and librarians may request work hours reduced by up to 16 hours per week; salaries and CalPERS service credit accrual are adjusted accordingly. (A request for time base reduction must be for the entire term and may not be rescinded.) For more information, see CFA-CSU MOU dated June 6, 2020.

OR

FERP or PRTB: The Faculty Early Retirement Program (FERP) and Pre-Retirement Reduction in Time Base (PRTB) are available to tenure track faculty who are age-eligible (generally between the ages of 55 and 65). See the CSU-CFA CBA Articles 29 and 30, respectively.

* The determination as to whether it is operationally feasible to work remotely/telecommute is made by Cal Poly.

 

How to Request Leave due to Coronavirus

 

  1. Review the criteria and eligibility for the different types of leave available.
  2. Complete and submit the Initiation of COVID Leave Request. The appropriate administrator will contact you to engage in the consultative process and/or to process your leave request.
  3. Consult with Academic Personnel if you have questions about eligibility, the approval process, or use of leave.
  4. Complete the required forms.
    • Temporary Paid Leave for those over 65 years of age or with a chronic medical condition and unable to work remotely requires the “Request for Special Consideration Form” and may also require completion of an ADA Medical Certification & Request for Accommodation as well as the Interactive Process.
    • For either CPAL or FFCRA, the college administrator will initiate the form and route it to you and Academic Personnel for approval. Prior to the college administrator initiating the form, they will communicate with you about the need for leave and your estimated days/dates of leave.

Please note:

  • Employers and employees are encouraged to be collaborative and make flexible telework arrangements when possible (e.g., permit asynchronous classes, performance of administrative duties at non-traditional hours, etc.). Faculty are considered essential employees so a flexible telework assignment is expected during this pandemic, and is required as a pre-requisite to leave under the FFCRA.
  • Whenever possible (e.g., except in the case of onset of illness), request leave and receive approval from appropriate administrator in advance, similar to when using planned sick leave or vacation.
  • If you elect to take a Voluntary Reduction in Time Base, be sure that you understand the CalPERS implications.
  • Be sure that you understand in advance how to record/input your leave, if necessary.

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