NGB Sends Guidance to States/Territories on COVID-19 Emergency Sick Leave

Ben Banchs • Apr 13, 2020

The following message was sent from NGB to the 54 States/Territories on Friday, April 10, 2020:

HRO's and Deputy HRO's,

Good Morning, sir/ma'am! I hope that you are all staying safe & healthy. The below and the attached INTERIM guidance provides information on the eligibility and procedure for FFCRA Paid Sick Leave. 

BLUF: Due to FFCRA, all individuals employed as federal civilians in the States are entitled to two cumulative weeks of paid sick leave. Employees covered by Title I FMLA in the National Guard are entitled to an additional 10 cumulative weeks of Emergency Family and Medical Leave, but only for reason 5 listed in attachments 2 and 3.

1. State HR Specialists should read the DCPAS message in attachment 1 and the Department of Labor Poster in attachment 2.

2. States may use attachment 3 to assist in determining eligibility and processing FFCRA Leave requests.

3. States should display the FFCRA poster in all locations in which Family Medical Leave Act posters are already displayed and are encouraged to share the poster with employees through all available means.

It is important to note that FFCRA has a maximum amount that is payable. An employee who elects to use this entitlement may have better leave options available to them by using regular sick leave, annual leave, advanced annual, or other types of paid leave applicable to the situation. Additionally, DFAS will initially pay the employee their full rate of pay and then recoup the overpayment as a debt at an unknown later date. DCPAS issued the INTERIM guidance until more comprehensive information can be compiled due to the complexity of the leave. Please watch for new guidance as it comes available. Attachment 4 is an OPM Fact sheet that may provide additional information for the HR Specialist. The OPM Fact sheet target audience is the HR Specialist with experience in FMLA, Federal Leave, and employment regulations, therefore it is complex.

If bargaining unit employees are being used for these purposes, consult labor relations staff to determine any applicable bargaining obligations. If you or your labor relations staff have questions regarding this they may contact one of our NGB-TCPL labor relations staff. They are Mr. Skip Ragels at lathe.l.ragels.civ@mail.mil and Mr. Scott Pier at scott.e.pier.civ@mail.mil.

NGB-J1-TCP stands ready to answer questions and will provide additional information as it becomes available. In addition, we coordinate all NGB civilian questions and concerns with appropriate stakeholders, as appropriate, and publish all answers to the NGB COVID-19 Q&A GKO Page. If you have any COVID-19 questions or concerns please contact my POCs: Ms. Angela Mullins at angela.m.mullins18.civ@mail.mil and WO1 Conway at lena.j.conway.mil@mail.mil.

Thank you for all you do!

v/r,
Mr. Joey L. Keyes, GS-15, DAFC
Chief, Technician and Civilian Personnel Policy Division (TCP)
Directorate Manpower and Personnel (J1)
National Guard Bureau (NGB)
111 S. George Mason Drive
Arlington, VA 22204-1373
Office: (703) 601-2980
Cell: (571) 438-2446
Email: joey.l.keyes.civ@mail.mil

Attachment 1: DCPAS Message FFCRA
Attachment 2: See poster below
Attachment 4: OPM Fact Sheet FFCRA


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