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FMA Washington Report: May 10, 2021
Detailed Guidance from OPM on Covid-19 Emergency Paid Leave
On April 29, Office of Personnel Management (OPM) Acting Director Kathleen McGettigan sent a memo to all agencies regarding Covid-19 Emergency Paid Leave (EPL). FMA’s Todd Wells and Greg Stanford joined officials from OPM, OMB, and the White House on May 5, 2021, to discuss the guidance and other related issues.

In March, Congress authorized a $570 million fund, administered by OPM, for Covid-19 emergency paid leave through the end of Fiscal Year 2021 via passage of the American Rescue Plan of 2021 (P.L. 117-2). It provides federal employees covered under the Title 5 annual leave and sick leave program fifteen weeks of paid leave for Covid-19 related reasons from March 11 through September 30, 2021.

OPM outlined eight qualifying circumstances, and the employee must be unable to work (including telework) due to one of the circumstances:

(1) Subject to federal, state, or local government quarantine or isolation order related to COVID-19 (including government advisory). 
(2) Advised by health care provider to self-quarantine due to COVID-19 concerns. 
(3) Caring for an individual subject to (1) such order/advisory or (2) such advice. 
(4) Experiencing symptoms of COVID-19 and actively seeking a medical diagnosis. 
(5) Caring for employee’s child when required because, due to COVID-19 precautions, the child’s school or place of care has been closed, or the child is participating in virtual learning instruction, or the child’s care provider is unavailable. 
(6) Experiencing any other substantially similar condition (as approved by OPM). 
(7) Caring for a family member (i) who has a mental or physical disability or who is 55 years of age or older and (ii) who is incapable of self-care, without regard to whether another individual other than the employee is available to care for such family member, if the place of care for such family member is closed or the direct care provider is unavailable due to COVID-19. 
(8) Obtaining immunization related to COVID-19 or recovering from any injury, disability, illness, or condition related to such immunization (after using any administrative leave provided by the employing agency).

Employees are required to submit supporting documentation and certifications.

For more detailed information, including limitations on EPL hours, potential fund exhaustion, and impacts on calculating an employee’s retirement and annuity benefits, please click here. The link takes you directly to the memo, OPM guidance on EPL, a template to request to use Covid-19 EPL, an EPL employee agreement, and frequently asked questions.

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