OSPS E-News ~ FW: "Regular Hours" worked

[Announcements from OSPS to the users of the Oregon State Payroll Application]

Thank you all for joining our TEAMS meeting today. Per your request from the comments, here is the info on the six months highlighted in yellow below:

This information comes from the FAQs for COVID leave from DOL: https://www.dol.gov/agencies/whd/pandemic/ffcra-questions#5

1.       As an employee, how much will I be paid while taking paid sick leave or expanded family and medical leave under the FFCRA?

It depends on your normal schedule as well as why you are taking leave.

If you are taking paid sick leave because you are unable to work or telework due to a need for leave because you (1) are subject to a Federal, State, or local quarantine or isolation order related to COVID-19; (2) have been advised by a health care provider to self-quarantine due to concerns related to COVID-19; or (3) are experiencing symptoms of COVID-19 and are seeking medical diagnosis, you will receive for each applicable hour the greater of:
*         your regular rate of pay<https://www.dol.gov/agencies/whd/fact-sheets/56a-regular-rate>,
*         the federal minimum wage in effect under the FLSA, or
*         the applicable State or local minimum wage.

In these circumstances, you are entitled to a maximum of $511 per day, or $5,110 total over the entire paid sick leave period.

If you are taking paid sick leave because you are: (1) caring for an individual who is subject to a Federal, State, or local quarantine or isolation order related to COVID-19 or an individual who has been advised by a health care provider to self-quarantine due to concerns related to COVID-19; (2) caring for your child whose school or place of care is closed, or child care provider is unavailable, due to COVID-19 related reasons; or (3) experiencing any other substantially-similar condition that may arise, as specified by the Secretary of Health and Human Services, you are entitled to compensation at 2/3 of the greater of the amounts above.

Under these circumstances, you are subject to a maximum of $200 per day, or $2,000 over the entire two week period.

If you are taking expanded family and medical leave, you may take paid sick leave for the first two weeks of that leave period, or you may substitute any accrued vacation leave, personal leave, or medical or sick leave you have under your employer's policy. For the following ten weeks, you will be paid for your leave at an amount no less than 2/3 of your regular rate of pay<https://www.dol.gov/agencies/whd/fact-sheets/56a-regular-rate> for the hours you would be normally scheduled to work. If you take paid sick leave during the first two weeks of unpaid expanded family and medical leave, you will not receive more than $200 per day or $12,000 for the twelve weeks that include both paid sick leave and expanded family and medical leave when you are on leave to care for your child whose school or place of care is closed, or child care provider is unavailable, due to COVID-19 related reasons. If you take employer-provided accrued leave during those first two weeks, you are entitled to the full amount for such accrued leave, even if that is greater than $200 per day.

To calculate the number of hours for which you are entitled to paid leave, please see the answers to Questions 5-6<https://www.dol.gov/agencies/whd/pandemic/ffcra-questions#5> that are provided in this guidance.
2.       What is my regular rate of pay for purposes of the FFCRA?

For purposes of the FFCRA, the regular rate of pay used to calculate your paid leave is the average of your regular rate<https://www.dol.gov/agencies/whd/fact-sheets/56a-regular-rate> over a period of up to six months prior to the date on which you take leave.[2]<https://www.dol.gov/agencies/whd/pandemic/ffcra-questions#_ftn2> If you have not worked for your current employer for six months, the regular rate used to calculate your paid leave is the average of your regular rate of pay for each week you have worked for your current employer.

If you are paid with commissions, tips, or piece rates, these amounts will be incorporated into the above calculation to the same extent they are included in the calculation of the regular rate under the FLSA.

You can also compute this amount for each employee by adding all compensation that is part of the regular rate over the above period and divide that sum by all hours actually worked in the same period.


Thank you,

Jason Robinson, CPA
OSPS Manager
DAS | Oregon Statewide Payroll Services
(503) 373-0198 - Desk
(971) 900-7688 - Cell
http://oregon.gov/DAS/Financial/payroll/Pages/index.aspx


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