3.1.48 Emergency Paid Sick Leave

Effective April 1, 2020 through December 31, 2020 in accordance with The Families First Coronavirus Response Act and updated in accordance with the American Rescue Plan for April 1, 2021 through September 30, 2021, this policy provides for a new benefit of Emergency Paid Sick Leave for employees at Illinois State University.

Eligibility

An individual employed with Illinois State University who is unable to work or telework (if employer approved) for one of the reasons listed below:

1. The employee is subject to a Federal, State, or local quarantine or isolation order related to COVID-19.  Employee will be required to provide official documentation, if available, and the name of the governmental entity ordering quarantine. 
2. The employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19.  Employee will be required to provide official documentation, if available, and the name of the health care professional advising self-quarantine.
3. The employee is experiencing symptoms of COVID-19 and is seeking a medical diagnosis.
4. The employee is caring for an individual who is either:
   1. Subject to a Federal, State, or local quarantine or isolation order related to COVID-19, or
   2. Has been advised by a health care provider to self-quarantine due to concerns related to COVID-19.
   3. The employee will be required to provide official documentation, if available, and the name of the governmental entity ordering quarantine or the name of the health care professional advising self-quarantine as well as the person’s name and relation to the employee that is being cared for.
5. The employee is caring for:
   • The employee’s child under the age of 18,
   • A child under the age of 18 for whom the employee has legal guardianship,
   • A child who has been placed with the employee for foster care,
   • The employee’s child who is over the age of 18 but requires assistance with activities of daily living as defined by the Americans with Disabilities Act Amendments Act
   And requires leave due to the closure of the child’s school or place or care, or if the childcare provider is unavailable because of COVID-19 precautions.
   
   Employee must provide the name and age of the child (or children) to be cared for, the name of the school that has closed or place of care that is unavailable, and a representation that no other person will be providing care for the child during the period for which the employee is receiving family medical leave.  With respect to the employee’s inability to work or telework because of a need to provide care for a child older than fourteen during daylight hours, a statement that special circumstances exist requiring the employee to provide care.
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 the Treasury and the Secretary of Labor.
7. The employee is obtaining an immunization related to COVID-19. 
8. The employee is recovering from an injury, disability, illness, or condition related to the COVID-19 immunization.
9. The employee is seeking or awaiting the results of a COVID-19 test or diagnosis because either the employee has been exposed to COVID-19 or the employer has requested such test or diagnosis. 

Leave Increment

Emergency Paid Sick Leave is only permitted on a continuous basis.

Duration of Paid Sick Time

The amount of time an employee is entitled to under the Emergency Paid Sick Leave Policy is determined as follows:

Full-time employees (currently employed at 1.0 FTE) will receive up to 80 hours (calculated using the number of hours an employee normally works each week the employee is eligible to receive pay for the 2-week period.)

Part-time employees with defined FTE (Civil Service Extra Help, Student Workers, and hourly Graduate Assistants included and described below) will receive a proration up to 80 hours based upon current FTE.

Part-time employees with variable work hours (includes Civil Service Extra Help, Student Workers, and hourly Graduate Assistants) will have hours calculated based on hours worked, on average, in a two-week period based on the six-month period preceding the leave begin date.  Employees who have not yet been employed for six months will have hours assessed based on the expectation of what that employee would have been scheduled to work in a two-week period.

Effective April 1, 2021 with the passing of the American Rescue Plan Act, employees will be allotted an amount of time as described above regardless of time used between April 1, 2020 and March 31, 2021.  Employees who did not use time between April 1, 2020 and March 31, 2021 will not be allow to carry unused time forward. 

Rate of Pay Calculation

Employees utilizing Emergency Paid Sick Leave for any of the approved reasons will receive compensation at 100% regular pay.

Any remaining balance of Emergency Paid Sick Leave will not rollover beyond September 30, 2021 or be compensable upon separation from employment with Illinois State University. 

Application Procedure

During the unusual circumstances surrounding COVID-19, Human Resources requests that you complete the application for Emergency Paid Sick Leave usage and send it to hrbenefits@ilstu.edu.

Employees who cannot complete the electronic form should call Human Resources at (309) 438-8311 to speak with a Benefit Counselor.

Documentation Requirements

Suitable documentation must be provided in order to support the need for Emergency Paid Sick Leave usage.  If an employee is found to have falsified the need for leave, the employee may be denied the leave and/or may be subject to disciplinary action up to and including termination.

Your Rights

If you have been denied leave and choose to appeal, please forward your written appeal to the Associate Vice President of Human Resources at Campus Box 1300 within fifteen days from the date of your denial.