Issue link: http://digital.copcomm.com/i/1233441
at the capitol 6 ADVOCATE | SPRING 2020 O n March 11, the World Health Organization declared the coronavirus/COVID-19 outbreak to be a pandemic. On the same date, Governor Ducey declared that a state of emergency exists in Arizona based on the COVID-19 outbreak, authorized the use of state assets, and directed ADHS to coordinate all matters pertaining to the public health emergency response. On March 13, President Trump likewise declared a national emergency based on the coronavirus pandemic. As discussed below, several measures have been passed at the federal and state levels to respond to the coronavirus and to mitigate its impact. Families First Coronavirus Response Act (FFCRA) HR 6201, known as the Families First Coronavirus Response Act (FFCRA), applies to all public school districts, regardless of size. This act provides school employees with Emergency Paid Sick Leave and Public Health Emergency Leave, in addition to any other available leave benefits employees may have, as follows: Emergency Paid Sick Leave: • Full-time employees are entitled to 80 hours of paid sick time (the equivalent of 10 eight-hour days). • Part-time employees are entitled to the number of hours they ordinarily work on average over a two-week period; for part-time employees with a variable schedule, leave is calculated based on the number of hours the employee was scheduled per day over the previous six-month period. • Leave is available for immediate use, regardless of how long the individual employee has been working for the employer. • Leave may be used only if the employee is unable to work (or telework) because of any of the following: 1. Employee is subject to a federal, state, or local quarantine or isolation order related to coronavirus; 2. Employee has been advised by a health care provider to self-quarantine due to concerns related to coronavirus; 3. Employee is experiencing coronavirus symptoms and seeking a medical diagnosis; 4. Employee is caring for an individual who is subject to a federal, state, or local quarantine or isolation order related to coronavirus; or who has been advised by a health care provider to self-quarantine due to concerns related to coronavirus; Note: There does not appear to be any particular relationship requirement for this "caring for" provision. 5. Employee is caring for a son or daughter if a school or place of care has been closed due to coronavirus, or the childcare provider of the son or daughter is unavailable due to coronavirus; Note: "Son or daughter," as under the FMLA, includes a biological, foster, or adopted child, a stepchild, a child of a domestic partner, a legal ward, or the child of a person standing in loco parentis, under 18 years of age. 6. The employee is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services in consultation with the Secretary of Labor and Secretary of the Treasury. • Compensation amounts: 1. For leave related to the employee's own quarantine or illness (nos. 1-3 above), compensation is their full rate of pay, up to a maximum of $511 per day and $5,110 total. 2. For leave related to caring for another individual (nos. 4-6 above), compensation is at two-thirds of the employee's regular pay, with a cap of $200 per day and $2,000 total. • Emergency paid sick leave may be used prior to any exist- ing paid leave. Employers are prohibited from requiring employees to use other paid leave first, and may not modify their existing paid leave policies to avoid being subject to AEA resources – arizonaea.org/coronavirus NEA resources – nea.org/coronavirus Centers for Disease Control and Prevention (CDC) – cdc.gov/coronavirus Arizona Department of Education (ADE) – bit.ly/AZED-COVID-19 Arizona Department of Health Services (ADHS) – azdhs.gov/coronavirus For more information on paid leave under the FFCRA, see the U.S. Department of Labor's website at dol.gov/agencies/whd/pandemic/ffcra-employer-paid-leave. AEA Advisory: Employment Rights During COVID-19 Resources You can find more information concerning the disease, including information concerning the extent of the outbreak in Arizona, at the following websites: Facebook Support Group You are also welcome to join the AEA Facebook group at facebook.com/groups/aeacovid19. This is an online space for AEA members to share resources, ideas, feelings, good vibes, stories, laughs and memes during this time dealing with COVID-19. We're all trying to figure things out right now— let's come together to help each other and do everything we can to support our students!