(DRAFT) PROPOSED TEMPORARY EMERGENCY RULE CHANGES – FAMILIES FIRST CORONAVIRUS RESPONSE ACT Rule VIII, Section 2.14 (Emergency Paid Sick Leave) A. As provided in the Emergency Paid Sick Leave Act of the Families First Coronavirus Response Act, an employee who is unable to work or telework for the following reasons is entitled to emergency paid sick leave: (1) The employee is subject to a quarantine or isolation order related to Covid-19; (2) The employee has been advised by a health care provider to self-quarantine due to concerns related to Covid-19; (3) The employee is experiencing symptoms of Covid-19 and is seeking a diagnosis; (4) The employee is caring for someone who is subject to a quarantine or isolation order related to Covid-19 or who has been advised by a health care provider to self-quarantine due to concerns related to Covid-19; (5) The employee is caring for a child of the employee if the school or place of care of child has been closed or if the child care provider of the child is unavailable due to Covid-19 concerns. (6) The employee is experiencing any other substantially-similar condition that may arise, as specified by the United States Secretary of Health & Human Services B. The duration of leave for the reasons described in subsection (A) is: (1) 80 hours for full-time employees and the average number of hours a part-time employee works over two weeks. C. The rate of compensation for the reasons described in subsection (A) is: (1) For subsections (A)(1)-(3) above, the employee receives full pay up to $511/day (with a maximum of $5,110). (2) For subsections (A)(4)-(6) above, the employee receives at least two-thirds of regular pay, up to at least $200/day. D. An employee may receive only the duration of leave described in subsection (B)(1) above, even if the employee experiences more than one qualifying event set forth in subsection (A). E. An appointing authority shall not require an employee to exhaust sick leave or annual leave in order to qualify for leave under this section. F. This section shall expire on December 31, 2020. Rule VIII, Section 10.2 (Emergency Family and Medical Leave Expansion Act) A. As provided in the Emergency Family and Medical Leave Expansion Act of the Families First Coronavirus Response Act, an employee who is unable to work or telework because the employee is caring for a child described in subsection (5) above of the Emergency Paid Sick Leave Rule, Rule VIII, § 2.14, is entitled to paid leave for 10 weeks of the twelve weeks of leave. B. The duration of the leave is twelve weeks. This provision does not expand the total amount of leave available under The Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601, and Rule VIII, § 10.1. C. The first 10 days of leave under this section will be unpaid, although an appointing authority may allow an employee to substitute leave under Rule VIII, § 2.14 or leave under another provision of this Rule for the first 10 days. D. An employee shall have completed 30 days of service in order to qualify for leave under this section. E. Employees who qualify for leave under this section shall receive at least two-thirds of their regular rate of pay for the number of hours the employee would normally be scheduled to work, up to at least $200/day. F. This section shall expire on December 31, 2020. 3 Rule I, § 1 Definitions Emergency Sick Leave Emergency sick leave: absence from duty in accordance with the provisions of the Emergency Paid Sick Leave Act of the Families First Coronavirus Response, as provided in Rule VIII, § 2.14. This definition shall expire on December 31, 2020. Emergency Family and Medical Leave Emergency family and medical leave: absence from duty in accordance with the provisions of the Emergency Family and Medical Leave Expansion Act of the Families First Coronavirus Response Act, as provided in Rule VIII, § 10.2. This definition shall expire on December 31, 2020. 4