COVID-19-related Academic Leaves: Frequently Asked Questions
updated 1/8/21 (info on FFCRA leaves removed; expired 12/31/20 - EPSL and EFML are no longer available)
updated 3/17/21 (info on COVID-19 vaccine-related paid time off added - 18, 19)
updated 4/1/21 (info on 2021 EPSL program added - updates 3, 13, 18, 19; added 6b, 20-27)
updated 9/17/21 (time to use 2021 EPSL extended through June 30, 2022)
updated 10/7/21 (additional details on Extended EPSL + webpage updated to reflect in-person operations)
updated 2/23/22 (new Extended EPSL22)
1. Who is eligible for leave under 2022 Emergency Paid Sick Leave (EPSL22)?
All appointees are eligible for 2022 EPSL if one or more of the six qualifying reasons apply. Appointees hired on or before September 30, 2021 who did not exhaust their 2021 EPSL entitlement are also eligible to use any remaining 2021 EPSL entitlement during the 2022 EPSL period if one or more of the six qualifying reasons apply.
2. When is EPSL22 effective?
Appointees are able to take 2022 EPSL beginning February 19, 2022 through September 30, 2022. Appointees who did not exhaust their 2021 EPSL entitlement are also eligible to use any remaining EPSL21 hours through September 30, 2022. If an appointee took any leave between January 1, 2022 and February 18, 2022 for one or more of the EPSL qualifying reasons, the appointee may request that the University allow them to retroactively use EPSL22 as follows:
-
If an appointee took leave between January 1, 2022 and February 18, 2022 for one or more of the qualifying reasons but was not paid their regular rate of pay during that leave, the University will provide them with a retroactive payment using their EPSL22 entitlement upon the appointee’s request. The number of hours of leave corresponding to the amount of the retroactive payment will be deducted from the appointee’s EPSL22 entitlement.
-
If an appointee used any paid leave between January 1, 2022 and February 18, 2022 for one or more of the qualifying reasons, the University will allow them to retroactively use EPSL22 for that leave and credit their leave banks for the time previously debited upon the appointee’s request. The decision to restore used time is the appointee’s decision. (See FAQ #7 for additional information.)
If an appointee has a block EPSL leave in progress on September 30, 2022, the appointee will be allowed to finish that block leave using any remaining EPSL21 or EPSL22 entitlement.
3. Is EPSL22 a new leave entitlement?
EPSL22 provides all appointees with a new leave entitlement, and it also provides eligible appointees with additional time to use any remaining hours from their EPSL21 entitlement.
4. How should locations determine an academic appointee’s EPSL22 entitlement?
EPSL22 provides all appointees with new leave, and it also provides eligible appointees with additional time to use any remaining hours from their EPSL21 entitlement. Locations should calculate the appointee’s EPSL entitlement during the EPSL22 period using the instructions provided in FAQ #4 in UCOP's Academic Personnel Guidance
5. Will an appointee need to use EPSL during the EPSL22 period if they are unable to work for COVID-19-related reasons?
Appointees can choose the order in which they use EPSL and any other paid leave accruals during the EPSL22 period.
6. Will an academic appointee be asked to complete documentation to request Extended Emergency Paid Sick Leave (Extended EPSL)? Must a form be used?
There is an Extended Emergency Paid Sick Leave form that can be used to request and track extended EPSL.
It is not required that a location use this form, but academic appointees can be encouraged to use the appropriate form. If an appointee does not use the form but provides all of the documentation required that demonstrates their eligibility for the leave (in an email, for example), the University should maintain that documentation and grant the leave.
7. An academic appointee used their paid leave accruals to take time off for an EPSL-qualifying reason on or after January 1, 2022. The appointee subsequently asks if they can instead retroactively use EPSL for that absence. Should the location grant the appointee’s request?
Yes, if the absence occurred between January 1, 2022 and September 30, 2022. See UCOP's Academic Personnel Guidance (FAQ #7) for details.
8. How is EPSL being funded? To which funding source should locations charge time when an academic appointee is determined to be eligible for EPSL?
Locations should charge EPSL to an academic appointee’s regular funding source unless instructed otherwise. There is no systemwide central source of funds.
9. Does EPSL used during the EPSL22 period need to be taken in one continuous block of time or can it be used intermittently?
EPSL used during the EPSL22 period may always be taken as a block leave. Whether it can be used intermittently depends on whether the appointee is teleworking or working onsite, and it may also depend on the reason for which the appointee is taking EPSL:
• Non-exempt appointees who are teleworking may take EPSL as a block leave or intermittently in increments of at least one hour. • Exempt appointees who are teleworking may take EPSL as a block leave or intermittently in whole day increments.
• Appointees working onsite may take EPSL for any reason as a block leave but may only take EPSL intermittently if taking leave for Reason 3(d) (vaccination), Reason 3(e) (vaccine symptoms), or Reason 5 (school closure). When taking EPSL intermittently for any of these reasons, non-exempt appointees may take EPSL in increments of at least one hour, and exempt appointees may take EPSL in whole day increments.
For public health reasons, appointees working onsite who are taking EPSL for Reason 1 (quarantine or isolation period); Reason 2 (self-quarantine); Reason 3(a) (diagnosis due to symptoms); Reason 3(b) (diagnosis due to exposure); Reason 3(c) (University-requested diagnosis); Reason 4 (caring for family member); or Reason 6 (positive test) must continue using EPSL until the appointee either uses the full amount of EPSL or no longer has a qualifying reason for using EPSL.
10. Will appointees on EPSL during the EPSL22 period continue to accrue service credit for purposes of UCRP and continue to accrue vacation and sick leave, if applicable?
An appointee on paid leave continues to accrue vacation and sick time, as well as service credit for purposes of UCRP, as they normally would under pay status. Appointees who are eligible to accrue sabbatical leave shall continue to accrue credits as they normally would under pay status.
11. May an academic appointee elect to use EPSL during the EPSL22 period past their pre-determined appointment end date?
No, consistent with applicable collective bargaining agreements and the APM, an appointee may not elect EPSL past their pre-determined appointment end date.
12. Who should an academic appointee contact to initiate EPSL during the EPSL22 period?
An appointee should first notify their direct supervisor of the need to take EPSL during the EPSL22 period. Appointees and supervisors should work with their local academic personnel office to determine eligibility.
13. Can an appointee take 80 hours of EPSL22 for their own self-quarantine and then additional EPSL for another qualifying reason per the chart above?
The new allotment of EPSL22 hours is capped at 80 hours for full-time appointees and the two-week equivalent for part-time appointees. An eligible appointee may have additional EPSL hours that can be used during the 2022 EPSL period dependent upon whether they exhausted their EPSL21 entitlement. (See FAQ #4 for additional information about determining an appointee’s EPSL21 entitlement.)
14. Will EPSL used during the EPSL22 period need to be tracked?
Yes. The University is tracking and reporting the amount of EPSL taken during the EPSL22 period and the associated payroll expense. The UCPath Center has mechanisms to track EPSL, including the reason. Not all entry and calculations will be automated in UCPath or PPS – locations will need to process some manual entry and upload of leaves. Locations will also need to monitor whether an appointee is exceeding their paid leave allotments as UCPath is not programmed to place caps on the paid leaves.
15. What is the rate of pay to apply when an academic appointee is on EPSL during the EPSL22 period?
The University has decided to pay appointees on EPSL during the EPSL22 period at the appointee’s regular rate of pay.
16. Can extramural funds be used to pay the salaries of academic employees who cannot work remotely or whose work is limited due to COVID-19?
Please refer to UCOP’s Research and Innovation Office, Research Policy Analysis and Coordination’s webpage with current information from extramural funders and consult with UCSC's Office of Research. your local Contracts & Grants/Sponsored Projects office.
17. Can a location require that an appointee use EPSL22 when the location has excluded the appointee for workplace exposure to COVID-19 as required by the Cal/OSHA COVID-19 Prevention Emergency Temporary Standards?
No. When a location excludes an appointee and the appointee is entitled to exclusion pay, the location may not require the use of EPSL22 before providing exclusion pay.
18. Some schools may operate on an alternate day (or other hybrid-attendance) basis. The school is open each day, but students alternate between days attending school in person and days participating in remote learning. The school only permits students to attend school on their assigned in-person attendance days. May eligible academic appointees use EPSL during the 2022 EPSL period for Reason 5 in these circumstances?
Yes, an eligible appointee may use EPSL during the EPSL22 period for Reason 5 on days when the school does not permit their child to attend school in person if the appointee is unable to work or telework for that reason. The school is effectively “closed” to the appointee’s child on days that the child cannot attend in person. An eligible appointee may take EPSL on each of their child’s remote learning days. As an example, an eligible appointee may take EPSL on Mondays, Wednesdays, and Fridays if the school does not permit their child to attend school in person on those days.
19.Some schools may only permit children to attend school in person for part of the day, and the children must spend the rest of the day at home participating in remote learning. May eligible academic appointees use EPSL during the EPSL22 period for Reason 5 in these circumstances?
The answer depends on whether the appointee is exempt or non-exempt. Non-exempt appointees may take EPSL during the EPSL22 period for Reason 5 intermittently in increments of at least one hour. This means that a non-exempt appointee could use EPSL for Reason 5 for the hours that the child is participating in remote learning if the appointee is unable to work or telework during that time for that reason. Exempt appointees may take EPSL for Reason 5 intermittently in whole day increments. This means that an exempt appointee would not be able to take EPSL for a partial day. (Please refer to FAQ #9 for the rules regarding intermittent use when taking EPSL for other reasons.)
20. Some schools are giving parents a choice between having their children attend in person or participate in a remote learning program. If an academic appointee elects remote learning for their child, can that academic appointee use EPSL during the EPSL22 period for Reason 5 while their child is at home?
No. An appointee is not eligible to use EPSL during the EPSL22 period for Reason 5 under these circumstances because the child’s school is not “closed” due to COVID-19 reasons; it is open for the appointee’s child to attend. If an appointee’s child is home because the appointee has chosen for the child to remain home, the appointee is not entitled to EPSL for Reason 5.
21. Will hourly academic appointees receive paid time off to receive the SARS-CoV-2 (COVID-19) vaccine?
Yes, hourly appointees may take up to four hours of paid time to obtain each dose of the SARS-CoV-2 (COVID-19) vaccine or vaccine booster. Appointees must provide advance notice to their supervisor. If an appointee needs more time for this purpose, the appointee may request to use EPSL during the EPSL22 period (Reason 3(d)) for the additional time.
22. Can academic appointees use EPSL during the EPSL22 period if they experience symptoms or are caring for a family member experiencing symptoms related to a SARS-CoV-2 (COVID-19) vaccine or vaccine booster?
Yes. Academic appointees may request EPSL (Reason 3(e)) for either of those purposes. If an appointee has exhausted their EPSL entitlement or opts not to use EPSL, the appointee would be able to use accrued sick leave, vacation leave, and/or paid time off (PTO).
23. Will UC health benefits continue for appointees using EPSL during the EPSL22 period?
Yes, appointees will continue to have any existing health benefits while on EPSL during the EPSL22 period.
24. If an appointee is or gets sick from COVID-19, will the appointee be required to use their accrued sick or vacation leave, PTO, or other paid medical leave? What if the appointee does not have enough accrued sick or vacation leave – will they still receive their full pay?
Appointees may request EPSL (Reason 6) for this purpose. If an appointee has exhausted their EPSL entitlement or opts not to use EPSL, the appointee may have several different leave options available, including Family and Medical Leave (under FMLA and/or CFRA) and use of accrued sick leave, vacation leave, and/or PTO. If an appointee does not have enough EPSL or accrued sick leave, vacation leave, and/or PTO available, they should work with their supervisor to accurately record non-work time.
25. In reviewing a request for EPSL22, what are my obligations as a supervisor of an academic employee?
When a request comes from a course instructor, the Chair or College Provost is expected to implement appropriate measures to ensure instructional continuity, such as, finding a substitute or guest lecturer.
In reviewing a request for EPSL22 and approving timesheets (if applicable), supervisors are affirming that the leave is being used for a qualifying reason.
In reviewing a request for EPSL22, the supervisor may be asked to confirm that working remotely is not feasible.
26. Where can I find additional University resources/information regarding COVID-19?
The University’s COVID-19 website includes updates and information on all things COVID-19. The website also includes links to location’s COVID-19 sites as well as to the CDC and WHO sites.
See Also
