- These Q&As should be read in conjunction with OPM’s Guidance on COVID-19 Emergency Paid Leave.
Q. What is EPL?
A. EPL stands for “Emergency Paid Leave.” This is a new, temporary paid leave program established in the American Rescue Plan intended to help Federal employees who are impacted by COVID.
Q. What makes EPL different from other leave programs?
A. Unlike other leave programs, EPL is set up as a fund. Employees will be able to request leave from their employing agencies. If the employee is eligible, the employing agency can conditionally grant this leave and submit a request for reimbursement to the agency that administers the fund.
Q. Why did the American Rescue Plan create EPL?
A. EPL advances several important public policy goals. First, it helps provide a way for Federal employees experiencing COVID-19 symptoms or subject to quarantine or isolation orders to stay home to avoid putting others at risk. Second, it recognizes the challenges that Federal employees have faced during the COVID-19 pandemic with caring for children, elderly family members, and family members with disabilities—when their normal school, childcare, and caregiving options are not available because of COVID. Third, to the extent that agencies do not provide administrative leave for COVID vaccination purposes, EPL is available to cover periods of time when an employee is getting vaccinated, thereby facilitating employees in obtaining COVID vaccines.>
Q. What does it mean for EPL to be a “temporary” leave program?
A. EPL is available until September 30, 2021, unless the applicable fund is exhausted before then.
Q. Are all federal employees covered by the same fund?
A. No. The ARP created four distinct funds. OPM administers a $570 million fund that covers most of the Federal government. There are separate funds for TSA, FAA, and VA employees, who are covered by other leave systems not administered by OPM. Employees of these agencies should direct questions about how to access their funds to their agency.>
FOR EMPLOYEES COVERED BY THE OPM-ADMINISTERED FUND
Below are FAQs to help employees understand how to access EPL.
Q. When did EPL become available?
A. Federal employees became eligible for EPL when the American Rescue Plan was signed into law on March 11, 2021. EPL may not be used for periods of time before March 11, 2021.>
Q. Under what circumstances may an employee use EPL?
A. If an employee is covered by the EPL fund, the employee may use EPL if unable to work because the employee is:
- Subject to COVID-19 governmental quarantine or isolation order/advisory;
- Self-quarantining due to COVID-19 concerns on the advice of a health care provider;
- Caring for an individual subject to (1) such order/advisory or (2) such advice;
- Experiencing symptoms of COVID-19 and actively seeking (i.e., taking immediate steps to obtain) a medical diagnosis;
- Caring for a 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;
- Experiencing any other substantially similar condition (as approved by OPM);
- 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; and/or
- 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).
Q. What is the maximum amount of leave can Federal employees receive under EPL?
A. Full-time employees experiencing qualifying circumstances can receive a maximum of 600 hours (15 weeks) of EPL. For part-time employees, the total hours are prorated based on the employee’s tour of duty, e.g., a half-time employee can get up to 300 hours.
Q. How much are Federal employees paid under EPL?
A. Federal employees will receive the same pay for EPL hours they would receive if they were on annual leave.
Q. Is there limit on how many hours of EPL an employee can use in a biweekly pay period?
A. Yes, there is a biweekly limit. An employee may be granted EPL hours only to the extent that the value of those EPL hours in a biweekly pay period does not exceed $2,800 for a full-time employee or an equivalent limit for a part-time employee (e.g., $1,400 for a half-time employee).
Q. An employee previously submitted a leave request and now wants to change it to EPL. What should they do?
A. Employees can ask their agency to retroactively convert other categories of leave they may have taken to EPL, if they meet the eligibility requirements.
Q. How do employees put in a claim in for EPL?
A. Each agency will provide employees with a form (modeled after an OPM template) to request EPL. Employees should check with their human resources office on the procedures for claiming EPL.
Q. What does it mean that EPL is approved “conditionally?”
A. EPL is available until September 30, unless the $570 million fund is exhausted before then. If the fund becomes exhausted, any EPL that was conditionally approved and cannot be paid for out of the fund will have to be canceled, and other leave substituted for it.
Q. Should employees take EPL or administrative leave to get their vaccine?
A. OPM has encouraged agencies to offer up to four hours of administrative leave per dose to cover time spent getting a vaccine dose, plus additional time if reasonably necessary, instead of having employees use EPL. This will maximize the availability of EPL for other circumstances that might affect an employee.
Q. What is the impact of EPL on an employee’s retirement?
A. The law provides that an employee’s total service used in computing their retirement annuity must be reduced by the amount of EPL used. EPL is treated like other paid leave for all other retirement purposes. For example, EPL time is creditable service for establishing annuity entitlement, computing the high-3 average salary, and applying retirement deductions and agency contributions.>
Q. What documentation will an employee need to provide to their employing agency?
A. Documentation requirements vary depending on the qualifying circumstance. The leave request form will describe generally required documentation. Employees will need to make certain certifications and may need to provide explanations in certain circumstances. An agency may request supplemental information, explanations, or certifications, if it believes it is necessary.
Below are FAQs that agencies covered by the OPM leave fund can use to understand how to grant leave and access reimbursement.>
Q. How do agencies submit a claim for EPL reimbursement to OPM?
A. Agencies should follow the instructions contained in OPM’s Benefits Administration Letter (BAL) 21-303.
Q. How long will it take agencies to get reimbursed by OPM from the fund?
A. OPM will make every attempt to process agency reimbursement requests promptly, but we cannot provide a guarantee on the timing of payments.
Q. How should agencies handle employees’ retroactive claims for EPL?
A. Please ask employees to submit any retroactive claims for EPL as soon as possible and submit them to OPM right away so that we can accurately track expenditures against the fund.
Q. How will agencies know when the fund is exhausted?
A. OPM will be monitoring the fund on a regular basis and will notify agencies as it gets close to exhaustion. Agencies can also monitor a dashboard that will be set up at https://www.opm.gov/policy-data-oversight/pay-leave/ARPA to track overall fund usage. This dashboard will reflect data reported to OPM by agencies through the reimbursement process.
Q. How will OPM prioritize agency reimbursement requests if the fund is exhausted?
A. OPM will be processing agency reimbursement requests on a first-come/first-served basis based on the date/time of receipt by OPM. (See OPM guidance for details.) An agency reimbursement request (or set of agency requests with the same receipt date/time) that exhausts the Fund will result in a partial reimbursement to the agency (or agencies) under rules established by OPM. When an agency receives a partial reimbursement, it will need to determine how to allocate available funds to cover (i.e., give final approval of) affected individual employee EPL claims that were conditionally granted.
- Allow employees to take up to 4 hours of administrative leave to get a COVID-19 vaccination.
- Allow employees to take up to 2 days of administrative leave for adverse reactions to the vaccine.
Q: Would it be appropriate for an agency to grant administrative leave to cover the period of time it takes an employee to receive a COVD-19 vaccination shot?
A: Yes. An agency head (or authorized designee) has discretionary authority to grant administrative leave in appropriate circumstances. To facilitate expeditious vaccination of the Federal workforce, agencies should offer leave-eligible employees a minimum of four hours of administrative leave per dose to use as needed—for a minimum total of eight hours of leave for employees receiving two doses. (If an employee needs to spend less time getting the vaccine, only the needed amount of administrative leave should be granted.) Agencies should also recognize that some employees may face extenuating circumstances warranting additional administrative leave as appropriate (e.g., they may need to travel long distances to get the vaccine). Teleworking employees should normally obtain advance approval from their supervisor before being permitted to use administrative leave for COVID-19 vaccination purposes. Employees may not be credited with administrative leave or overtime work for time spent getting a vaccination outside their tour of duty.
Q: Would it be appropriate for an agency to grant administrative leave to cover post-vaccination recovery?
A: An agency should grant up to 2 workdays of administrative leave if an employee has an adverse reaction to a COVID-19 vaccination dose (i.e., no more than 2 workdays for reactions associated with a single dose). If an employee requests more than 2 workdays to recover, the agency may make a determination to grant emergency paid leave as created by the American Rescue Plan Act —if available— or other appropriate leave (e.g. sick leave) at that point.
- If an employee has to quarantine because of official travel or personal exposure, they should take weather/safety or administrative leave.
- If an employee has to quarantine because of personal travel, they should take personal leave while quarantining.
- If an employee refuses to take personal leave, you can bar the employee from the workplace for others' safety.
- If you have to bar an employee, place them on administrative leave until you can determine their status.
Q: Will personnel need to take personal leave / sick leave days for quarantining as a result of travel?
A: Employees should be aware that official or personal travel may result in a mandatory quarantine before they are allowed to return to the workplace.
If quarantine is required because of official travel or workplace exposure, agencies should provide weather and safety leave, or other administrative leave.
If quarantine is required because of personal travel, and the employee is otherwise expected to be present onsite, the employee may take personal leave while quarantining. If an employee refuses to quarantine or refuses to take personal leave while under mandatory quarantine after personal travel, an agency may elect to bar the employee from the workplace for the safety of others. If the agency bars the employee from the workplace, the employee must be placed on administrative leave until the agency determines what status the employee should be placed in while on quarantine. Agencies, however, should avoid placing an employee on extended administrative leave in this situation and should act quickly to determine the appropriate status for the employee.
- If an employee tests positive for COVID-19 and cannot telework, they must take sick leave while quarantining.
Q: Will personnel need to take sick leave while quarantining after testing positive for COVID-19?
A: Yes, if an employee is subject to isolation due to being infected with COVID-19 and is unable to telework, the employee may request sick leave, as weather and safety leave would be unavailable. Employees may also request accrued annual leave and other forms of paid or unpaid leave in this situation as appropriate. See CPM 2020-02, February 7, 2020.
- OPM's weather/safety leave guidance still applies, unless an employee can telework or is sick.
Q: At this stage of the COVID-19 national emergency, how should agencies be administering weather and safety leave?
A: The guidance OPM has provided on the use of weather and safety leave in connection with the COVID-19 is still applicable. In addition to identifying certain specific covered circumstances, OPM communicated the general principle that, subject to statutory and regulatory limitations, agencies should use available flexibilities to provide weather and safety leave in circumstances where allowing an employee to travel to or perform work at the normal worksite would pose significant safety risks for the employee, other employees, or the general public. (See March 19, 2020, OPM Fact Sheet.) OPM has advised that weather and safety leave should not be used when an employee was capable of teleworking (5 CFR 630.1605) or when the employee is sick with COVID-19 or otherwise in circumstances under which sick leave was appropriate.