In the context of the COVID-19 crisis, three types of paid leave are available to CFA- represented employees affected by the coronavirus. These rights have been won by our union thanks to our collective organizing.

Here are the three kinds of paid sick leave you can apply for: (1) Temporary Paid Administrative Leave aka (CPAL), (2) FFCRA & (3) regular Sick Leave.

All leaves are cumulative, and you can take them in the order you want. If you are affected by the COVID-19 virus, we recommend that you first use the Temporary Paid Administrative Leave, then the FFCRA, and then your sick Leave. This way, you can keep your regular accrued sick leave. Accrued sick leave can be used towards your retirement service credit in CalPERS when you retire (if you are in the pension system).

Paid leaves are calculated in hours. The regular working week is defined as 40 hours (8 hours x 5 days); you can divide your total number of hours by 8 to get the number of days or by 40 to get the number of weeks.

Here are more details on the three types of Paid Leave:

1. Temporary Paid Administrative Leave Related to COVID-19 (CPAL)

How Much Temporary Paid Leave Do I Have?

• On March 23, the CSU administration pressured by the CFA and other unions granted 128 hours of Temporary Paid Administrative Leave to qualifying full-time employees affected by COVID-19. On April 1, they expanded the Leave to 256 hours, that is 32 days – – thanks again to CFA’s advocacy.
• If you work part-time, “the number of hours of paid administrative leave… shall be prorated according to the percent of the appointment.”
• This leave is effective between March 23 through December 31, 2020.

Who Qualifies?

According to the policy, any employees qualify for Temporary Paid Administrative Leave:

• “When an employee is unable to work due to the employee’s own COVID-19-related illness or the COVID-19-related illness of a family member whom the employee would generally be allowed to use sick Leave for;
• When an employee is unable to work because the employee has been directed by their healthcare provider or supervisor not to come to the worksite for COVID-19- related reasons, and/or it is not operationally feasible for the employee to work remotely;
• When an employee is unable to work due to a COVID-19-related school or daycare closure, and the employee is required to be at home with a child or dependent, and it is not operationally feasible for the employee to work remotely or in conjunction with the childcare commitment.”

 

2. FFCRA

CSU now has guidance and information on the Families First Coronavirus Response Act (FFCRA) Paid Leave. FFCRA enacted both the Emergency Paid Sick Leave Act (EPSLA) and the Emergency Family and Medical Leave Expansion Act (EFMLEA). This is the federal guideline on paid leave for COVID-19. It is in addition to CSU’s own paid administrative leave. You can read the full federal policy here.

How Much Federal Paid Sick Leave Can I Use?

Emergency Paid Sick Leave Act (EPSLA)

• Two weeks (up to 80 hours) of paid sick leave when the employee is unable to work (or telework) because the employee is quarantined or has a bona fide need to care for an individual subject to quarantine (pursuant to Federal, State, or local government order, or advice of a health care provider), experiencing COVID-19 symptoms and seeking a medical diagnosis, and/or to care for a child whose school or child care provider is closed or unavailable for reasons related to COVID-19, AND

Emergency Family and Medical Leave Expansion Act (EFMLEA)

• Up to an additional 12 weeks of expanded family and medical leave by adding a new reason to qualify for Family and Medical Leave Act (FMLA), of which 10 weeks are paid and when an employee, who has been employed for at least 30 calendar days, is unable to work (or telework) due to a bona fide need for leave to care for a child whose school or childcare provider is closed or unavailable for reasons related to COVID-19.

 

3. Paid Sick Leave

AS GUARANTEED BY ARTICLE 24 OF OUR CFA COLLECTIVE BARGAINING AGREEMENT

How Much Sick Leave Do I Have?

• All Cal State LA employees accrue sick Leave over time. This is a collectively bargained right. Full-time employees accrue 8 hours of leave “per academic qualifying paid period”e. per month. Part-time employees “shall accrue credit for sick leave with pay on a pro-rata basis.”
• Our contract says: “Sick leave may be accumulated without limit.”
• To check how many hours you have accrued: go to the SFSU Gateway “Staff and Employees Services” page, select HR Self-Service, click on “My Benefits” and then on “Leave Balance,” under the tab “Sick Balance” you will find your available paid sick leave hours.

How Do I Know if I Qualify?

• Under Article 24.10 of the CBA, sick leave may be authorized in the case of “illness or injury in the immediate family,” “exposure to a contagious disease,” and “death of a person in the immediate family,” among other things.
• Immediate family for purposes of Sick Leave is defined by the CBA as an “employee’s spouse or domestic partner, parent, grandparent, grandchild, son, son-in-law, daughter, daughter-in-law, brother, sister, uncle, aunt, stepchild or stepparent of the employee, spouse or domestic partner, and close relative or persons residing in the immediate household of the employee (except domestic employees or roomers). Also included in this definition shall be any minor children or incapacitated individuals for whom the employee has primary responsibility or legal guardianship or conservatorship.”
• For leaves exceeding three days, a doctor’s notice may be requested.

 

HOW TO APPLY FOR LEAVE RELATED TO COVID-19:

If you are juggling increased care work at home induced by the pandemic, you are eligible to apply for several programs that will allow you to take a full temporary paid administrative leave or to reduce your timebase without reducing your pay. All Unit 3 (CFA’s bargaining unit) faculty are eligible – full-time, part-time, Lecturers, tenure-line, counselors, coaches, and librarians alike.

If you are a Lecturer, and you take a Temporary Paid Administrative Leave (CPAL) this academic year, your entitlement for next year will not be impacted (see point #2 here).

1. As your immediate and first step, complete the human resources management (HRM) forms requesting paid leave benefits under the CPAL and EFMLEA. These benefit programs may be combined by employees to cover the full semester. The CPAL form is here and the EFMLEA form is here.
2. Email these completed form(s) to your dean with a cover letter explaining why you require the leave and which courses to which you wish to apply your leave (those you and your chair have agreed you won’t teach). If you are the primary caretaker of children whose childcare centers and/or schools are closed due to COVID-19, this is your rationale (for both the forms and your letter to the dean). CC your chair or supervisor, and let them know of your plans to reduce your timebase ASAP. While there is no immediate deadline for these programs, do inform your dean and chair as soon as you decide to apply, so that they can appoint replacement faculty for your course(s). You must also get a signature from Deborah Williams in HRM: (dwillia@cslanet.calstatela.edu), though this will happen after the dean has signed off on your leave request form.
3. Please note: The HRM form requires faculty to specify the number of hours of leave they are requesting. For calculation purposes, each 3-unit course = 8 hours per week. Faculty should calculate 16 weeks of leave (including finals week). Because the CPAL program expires in December 2020, faculty should start with this program and expend all of those hours (256 in total, equivalent to two 3-unit courses off), and then use EFMLEA benefits to cover the rest of the Fall semester, if needed.

A few more things to consider:

1. If your dean approves you for a CPAL (and/or EFMLEA), your pay will remain the same at 100%. However, you will not receive credit toward retirement for the courses (or hours) you are on leave from teaching/working. For example, if you reduce your timebase by .2, you’ll receive 80% of credit toward retirement for Fall; if you reduce it by .4, you’ll receive 60% of credit toward retirement in Fall 2020. And so on.
2. While you may apply for a partial or full reduction in timebase under these programs, remember that if you fall below 6 units of work (in teaching or other duties), you will lose your benefits eligibility.
3. It bears repeating: all faculty are eligible for CPAL and EFMLEA.
4. It bears repeating: Lecturers who apply for CPAL and/or EFMLEA will not lose entitlement in AY ’21-22, pursuant to our MOU between CFA and the CSU.
5. If you have additional questions about the HRM forms, we recommend that you contact Deborah Williams (dwillia@cslanet.calstatela.edu).

 

IF YOU HAVE ANY QUESTIONS:

If you have any questions or need assistance applying for leaves, please email Anthony Ratcliff (aratcliff@calfac.org) or Molly Talcott (mtalcott@calfac.org) AND cc our Field Representative Jackie Teepen (jteepen@calfac.org).